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Ck/Oj'ro  uJ 


CITIES  AND  VILLAGES. 


AN  ACT  to  provide  lor  the  incorporation  of  Cities  and  Villages. 
In  force  July  i,  1872. 


Section. 

Section. 

1. 

How  city  may  adopt  this  act. 

8. 

When  county  judge  to  give  notice  of 

2. 

Notice  of  election. 

election,  etc. 

3- 

The  ballots  ; result. 

9- 

Term  of  first  officers. 

4- 

How  towns  may  become  cities. 

10. 

Corporate  name — powers. 

5- 

Organizing  a city — petition — election 

11. 

Prior  ordinances,  etc.,  in  force  until. 

— result. 

etc. 

6. 

Courts  to  take  judicial  notice  of  or- 

12. 

Rights,  etc.,  of  old  corporations  to 

ganization,  etc. 

vest  in  new. 

7- 

Election  of  officers. 

13- 

Record  of  result  of  election. 

Section  i.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  rep- 
resented in  the  General  Assembly,  as  follows — 


ARTICLE  I. 

OF  THE  ORGANIZATION  OF  CITIES. 

i.  How  Cities  May  Incorporate.]  § 1.  That  any  city  now 
existing  in  this  State  may  become  incorporated,  under  this  act,  in 
manner  following  : Whenever  one-eighth  of  the  legal  voters  of  such 

city,  voting  at  the  last  preceding  municipal  election,  shall  petition 
the  mayor  and  council  thereof  to  submit  the  question  as  to  whether 
such  city  shall  become  incorporated  under  this  act,  to  a vote  of  the 
electors  in  such  city,  it  shall  be  the  duty  of  such  mayor  and  council 
to  submit  such  question  at  the  next  ensuing  municipal  election  of  such 
city,  or  on  the  third  Tuesday  of  April,  as  provided  for  in  article  four 
(4)  of  said  act,  for  holding  municipal  elections  : Provided,  there 

shall  be  sufficient  time  intervening  to  give  the  notice  required  by 
law.  [As  amended  by  act  February  26,  1881.] 

I 1 624 1 8 


4 


CITIES  AND  VILLAGES. 


2.  Notice  of  Election.]  § 2.  The  mayor  of  such  city  shall 
give  at  least  thirty  days’  notice  of  such  election,  by  publishing  a 
notice  thereof  in  one  or  more  newspapers  within  such  city;  but  if  no 
newspaper  is  published  therein,  then  by  posting  at  least  five  copies  of 
such  notice  in  each  ward. 

3.  The  Ballot — Result.],  § 3.  The  ballots  to  be  used  at  such 
election  shall  be  in  the  following  form  : “For  city  organization  under 
general  law;”  or,  “Against  city  organization  under  general  law.” 
The  judges  of  such  election  shall  make  returns  thereof  to  the  city 
council,  whose  duty  it  shall  be  to  canvass  such  returns  and  cause  the 
result  of  such  canvass  to  be  entered  upon  the  records  of  such  city. 
If  a majority  of  the  votes  cast  at  such  election  shall  be  for  city  or- 
ganization under  general  law,  such  city  shall  thenceforth  be  deemed 
to  be  organized  under  this  act ; and  the  city  officers  then  in  office 
shall,  thereupon,  exercise  the  powers  conferred  upon  like  officers  in 
this  act,  until  their  successors  shall  be  elected  and  qualified. 

4.  How  Towns  May  Become  Cities.]  § 4.  Any  incorporated 
town  or  village  in  this  State,  having  a population  of  not  less  than  one 
thousand  (1000)  inhabitants,  may  become  incorporated  as  a city  in 
like  manner  as  hereinbefore  provided ; but  in  all  such  cases  the  presi- 
dent and  trustees  of  such  town  or  village  shall,  respectively,  perform 
the  same  duties  relative  to  such  a change  of  organization  as  is  above 
required  to  be  performed  by  the  mayor  and  council  of  cities.  [As 
amended  by  laws  of  1877.] 

5.  Organizing — Petition — Election — Result.]  § 5.  When- 

ever any  area  of  contiguous  territory  in  this  State,  not  exceeding  four 
square  miles,  shall  have  resident  thereon  a population  of  not  less  than 
one  thousand  inhabitants,  which  shall  not  already  be  included  within 
any  incorporated  town  or  city,  the  same  may  become  incorporated  as 
a city  in  manner  following  : Any  fifty  legal  voters  thereof  may  file 

in  the  office  of  the  clerk  of  the  county  court  of  the  county  in  which 
such  inhabitants  reside,  a petition,  addressed  to  the  judge  of  such 
court ; and  if  the  territory  described  in  said  petition  shall  be  in  more 
than  one  county,  then  the  petition  shall  be  addressed  to  the  judge  of 
the  court  where  a greater  part  of  such  territory  is  situated  ; which 
petition  shall  define  the  boundaries  of  such  proposed  city,  and  state 
the  number  of  inhabitants  residing  within  such  limits,  and  also  state 
the  name  of  such  proposed  city,  and  shall  contain  a prayer  that  the 
question  be  submitted  to  the  legal  voters  residing  within  such  limits, 
whether  they  will  organize  as  a city  under  this  act.  It  shall  be  the 
duty  of  the  county  judge  to  fix  a time  and  place,  within  the  boundaries 
of  such  proposed  city,  at  which  an  election  may  be  held,  to  determine 
such  question  ; and  such  judge  shall  name  the  persons  to  act  as  judges 
in  holding  such  election,  and  shall  give  notice  thereof  by  causing  ten 
notices  to  be  posted  in  public  places  within  such  proposed  city.  And 
the  third  section  of  this  article  shall  be  applicable  to  such  election  : 


/ 


CITIES  AND  VILLAGES.  5' 


Provided , that  the  returns  of  such  election  shall  be  made  to  and  can- 
vassed by  the  county  judge  and  any  two  justices  of  the  peace  whom 
he  shall  call  to  his  assistance,  instead  of  the  city  council ; and  the 
result  of  such  election  shall  be  entered  upon  the  records  of  such 
county  court.  If  a majority  of  the  votes  cast  at  such  election  shall  be 
“For  city  organization  under  general  law,”  the  inhabitants  of  such 
territory,  described  in  such  petition,  shall  be  deemed  to  be  incorpo- 
rated as  a city,  under  this  act,  and  with  the  name  stated  in  the 
petition.  [See  § 175.] 

6.  Courts  to  Take  Judicial  Notice,  etc.]  § 6.  All  courts  in 
this  State  shall  take  judicial  notice  of  the  existence  of  all  villages  and 
cities  organized  under  this  act,  and  of  the  change  of  the  organization 
of  any  town  or  city  from  its  original  organization  to  its  organization 
under  this  act ; and  from  the  time  of  such  organization,  or  change  of 
organization,  the  provisions  of  this  act  shall  be  applicable  to  such 
cities  and  villages,  and  all  laws  in  conflict  therewith  shall  no  longer 
be  applicable.  But  all  laws  or  parts  of  laws  not  inconsistent  with 
the  provisions  of  this  act,  shall  continue  in  force  and  applicable  to 
any  such  city  or  village,  the  same  as  if  such  change  of  organization 
had  not  taken  place. 

7.  Election  of  Officers.]  § 7.  It  shall  be  the  duty  of  the 
president  and  board  of  trustees  of  any  town  which  shall  have  voted 
to  change  its  organization  to  a city,  under  this  act,  to  call  and  give 
notice  of  an  election  to  elect  city  officers,  and  to  designate  the  time 
and  place  or  places  of  holding  the  same.  Such  notice  shall  be  pub- 
lished in  a newspaper,  if  there  be  one  within  the  town,  or  posted  in 
ten  public  places,  for  at  least  twenty  days  before  such  election.  Such 
president  and  trustees  shall  appoint  the  judges  and  clerks  to  hold  such 
election,  canvass  the  returns  thereof,  and  cause  the  result  to  be  entered 
upon  the  records  of  the  town ; and  the  provisions  of  this  act,  relative 
to  the  election  of  city  officers,  shall  be  applicable  thereto ; but  at 
such  election,  aldermen  may  be  elected  on  a general  ticket. 

8.  When  County  Judge  to  Give  Notice,  etc.]  § 8.  In  case 
of  cities  organizing  under  section  five  (5)  of  this  article,  the  county 
judge  shall  call  and  give  notice  of  the  election,  and  perform  the  same 
duties  relative  thereto  as  is  above  required  to  be  performed  by  presi- 
dent and  trustees  of  such  town,  and  in  canvassing  such  returns  shall 
call  to  his  assistance  two  justices  of  the  peace. 

9.  Term  of  First  Officers.]  § 9.  The  city  officers  elected 
under  either  of  the  preceding  sections,  shall  hold  their  respective 
offices  until  the  next  succeeding  regular  election  for  such  officers,  re- 
spectively, and  until  their  successors  are  elected  and  qualified,  as 
provided  in  this  act. 

10.  Corporate  Name — Powers.]  § 10.  Cities  organized  under 
this  act  shall  be  bodies  politic  and  corporate,  under  the  name  and 
style  of  “City  of  (name),”  and  under  such  name  may  sue  and  be  sued, 


6 


CITIES  AND  VILLAGES. 


i /.  (,  ■.  v 1 1*  (i 
\[v\\  aVMfy 


contract  and  be  contracted  with,  acquire  and  hold  real  and  personal 
property  for  corporate  purposes,  have  a common  seal  and  change  the 
same  at  pleasure,  and  exercise  all  the  powers  hereinafter  conferred. 

11.  Prior  Ordinances  in  Force  until  When,  etc.]  § n.  All 
ordinances,  resolutions  and  by-laws,  in  force  in  any  city  or  town  when 
it  shall  organize  under  this  act,  shall  continue  in  force  and  effect  until 
repealed  or  amended,  notwithstanding  such  change  of  organization  ; 
and  the  making  of  such  change  of  organization  shall  not  be  construed 
to  effect  a change  in  the  legal  identity,  as  a corporation,  of  such  city 
or  town. 

12.  Rights  of  Old  Corporation  to  Vest  in  New.]  § 12.  All 
rights  and  property  of  every  kind  and  description,  which  were  vested 
in  any  municipal  corporation  under  its  former  organization,  shall  be 
deemed  and  held  to  be  vested  in  the  same  municipal  incorporation 
upon  its  becoming  incorporated  under  the  provisions  of  this  act,  but 
no  rights  or  liabilities,  either  in  favor  of  or  against  such  corporation, 
existing  at  the  time  of  so  becoming  incorporated  under  this  act,  and 
no  suit  or  prosecution  of  any  kind,  shall  be  affected  by  such  change, 
but  the  same  shall  stand  and  progress  as  if  no  change  had  been  made : 
Provided , that  when  a different  remedy  is  given  by  this  act,  which 
may  properly  be  made  applicable  to  any  right  existing  at  the  time  of 
such  city  so  becoming  incorporated  under  this  act,  the  same  shall  be 
deemed  cumulative  to  the  remedies  before  provided  and  used  accord- 
ingly. 

13.  Record  of  the  Result  of  Election.]  § 13.  The  corpo- 
rate authorities  of  any  city  or  village  which  may  become  organized 
under  this  act  shall,  within  three  months  after  organization  hereunder, 
cause  to  be  filed  in  the  office  of  the  recorder  of  deeds,  in  the  county 
in  which  such  city  or  village  is  situated,  a certified  copy  of  the  entry 
made  upon  the  records  of  the  city,  village  or  county  court,  of  the 
canvass  of  the  votes,  showing  the  result  of  such  election,  whereby 
such  city  or  village  became  so  organized — and  such  recorder  of  deeds 
shall  record  the  same.  And  such  corporate  authorities  shall  also 
cause  a like  certificate  to  be  filed  in  the  office  of  the  Secretary  of 
State,  who  shall  file  the  same,  and  keep  a registry  of  cities  and  vil- 
lages organized  under  this  act. 


CITIES  AND  VILLAGES. 


7 


ARTICLE  II. 

OF  THE  MAYOR. 
Section.  Section. 


I. 

Mayor — his  qualifications. 

9- 

Release  of  prisoners. 

2. 

Vacancy  one  year  or  more. 

10. 

General  Duties. 

3- 

Vacancy  less  than  year. 

11. 

To  examine  records,  etc. 

4- 

Mayor  pro  tem. 

12. 

Messages  to  council. 

5- 

Vacancy  by  removal  from  city. 

13* 

To  call  out  militia,  etc. — riots,  etc. 

6. 

7- 

Mayor  to  preside — casting  vote. 
When  he  may  remove  officers. 

14. 

Misconduct,  etc.,  of  mayor  or  other 
officer — penalty. 

8. 

His  powers  to  keep  peace. 

IS- 

Revising  ordinances  after  change  of 
organization. 

14.  Mayor — His  Qualifications.]  § i.  The  chief  executive  officer 
of  a city  shall  be  a mayor,  who  shall  be  a citizen  of  the  United  States, 
a qualified  elector,  reside  within  the  city  limits,  and  hold  his  office 
for  two  years  and  until  his  successor  is  elected  and  qualified. 

15.  Vacancy  one  Year  or  More.]  § 2.  Whenever  a vacancy 
shall  happen  in  the  office  of  the  mayor,  when  the  unexpired  term 
shall  be  one  year  or  over  from  the  date  when  the  vacancy  occurs,  it 
shall  be  filled  by  an  election. 

16.  Vacancy  Less  than  Year.]  § 3.  If  the  vacancy  is  less 
than  one  year,  the  city  council  shall  elect  one  of  its  number  to  act  as 
mayor,  who  shall  possess  all  the  rights  and  powers  of  the  mayor  until 
the  next  annual  election,  and  until  his  successor  is  elected  and  qualified. 

17.  Mayor  pro  tem.]  § 4.  During  a temporary  absence  or  dis- 
ability of  the  mayor,  the  city  council  shall  elect  one  of  its  number  to 
act  as  mayor  protein . , who,  during  such  absence  or  disability,  shall 
possess  the  powers  of  mayor. 

18.  Vacancy  by  Removal,  etc.]  § 5.  If  the  mayor,  at  any 
time  during  the  term  of  his  office,  shall  remove  from  the  limits  of  the 
city,  his  office  shall  thereby  become  vacant. 

19.  Mayor  to  Preside— Casting  Vote,  etc.]  § 6.  The 
mayor  shall  preside  at  all  meetings  of  the  city  council,  but  shall  not 
vote  except  in  case  of  a tie,  when  he  shall  give  the  casting  vote. 

20.  When  He  May  Remove  Officers.]  § 7.  The  mayor  shall 
have  power  to  remove  any  officer  appointed  by  him,  on  any  formal 
charge,  whenever  he  shall  be  of  the  opinion  that  the  interests  of  the 
city  demand  such  removal,  but  he  shall  report  the  reasons  for  such 
removal  to  the  council  at  a meeting  to  be  held  not  less  than  five  days 
nor  more  than  ten  days  after  such  removal ; and  if  the  mayor  shall 
fail,  or  refuse  to  file  with  the  city  clerk  a statement  of  the  reasons  for 
such  removal,  or  if  the  council  by  a two-thirds  (^)  vote  of  all  its 
members  authorized  by  law  to  be  elected,  by  yeas  and  nays,  to  be 
entered  upon  its  record,  disapprove  of  such  removal,  such  officer  shall 
thereupon  become  restored  to  the  office  from  which  he  was  so  remov- 
ed ; but  he  shall  give  new  bonds  and  take  a new  oath  of  office.  No 


8 


CITIES  AND  VILLAGES. 


officer  shall  be  removed  a second  time  for  the  same  offense.  [As 
amended  by  laws  of  1879.] 

21.  His  Powers  to  Keep  Peace.]  § 8.  He  may  exercise, 
within  the  city  limits,  the  powers  conferred  upon  sheriffs,  to  suppress 
disorder  and  keep  the  peace 

22.  Release  of  Prisoners.]  § 9.  He  may  release  any  person 
imprisoned  for  violation  of  any  city  ordinance,  and  shall  report  such 
release,  with  the  cause  thereof,  to  the  council  at  its  first  session  there- 
after. 

23.  General  Duties.]  § 10.  He  shall  perform  all  such  duties 
as  are  or  may  be  prescribed  by  law  or  by  the  city  ordinances,  and 
shall  take  care  that  the  laws  and  ordinances  are  faithfully  executed. 

24.  Examine  Records,  etc]  § 11.  He  shall  have  power  at 
all  times  to  examine  and  inspect  the  books,  records  and  papers  of  any 
agent,  employee  or  officer  of  the  city. 

25.  Messages  to  Council.]  § 12.  The  mayor  shall  annually, 
and  from  time  to  time,  give  the  council  information  relative  to  the 
affairs  of  the  city  and  shall  recommend  for  their  consideration  such 
measures  as  he  may  deem  expedient. 

26.  To  Call  Out  Militia,  etc.]  § 13.  He  shall  have  power, 
when  necessary,  to  call  on  every  male  inhabitant  of  the  city  over  the 
age  of  eighteen  years  to  aid  in  enforcing  the  laws  and  ordinances,  and 
to  call  out  the  militia  to  aid  in  suppressing  riots  and  other  disorderly 
conduct,  or  carrying  into  effect  any  law  or  ordinance,  subject  to  the 
authority  of  the  governor  as  commander-in-chief  of  the  militia. 

27.  Misconduct,  etc. — Penal^v.]  § 14.  In  case  the  mayor 
or  any  other  municipal  officer  shall  at  any  time  be  guilty  of  a palpable 
omission  of  duty,  or  shall  willfully  and  corruptly  be  guilty  of  oppres- 
sion, malconduct  or  misfeasance  in  the  discharge  of  the  duties  of  his 
office,  he  shall  be  liable  to  indictment  in  any  court  of  competent 
jurisdiction,  and,  on  conviction,  shall  be  fined  in  a sum  not  exceeding 
one  thousand  dollars ; and  the  court  in  which  such  conviction  shall 
be  had,  shall  enter  an  order  removing  such  officer  from  office. 

28.  Revising  Ordinances,  etc.]  § 15.  He  may  appoint,  by 
and  with  the  advice  and  consent  of  the  city  council,  immediately  after 
such  change  of  organization,  one  or  more  competent  persons  to  pre- 
pare and  submit  to  the  city  council  for  their  adoption  or  rejection,  an 
ordinance  in  revision  of  the  ordinances  of  such  city,  and  for  the  gov- 
ernment of  such  city,  the  compensation  of  such  reviser  or  revisers  to 
be  determined  and  fixed  by  the  city  council  and  paid  out  of  the  city 
treasury. 


CITIES  AND  VILLAGES. 


9 


ARTICLE  III. 

OF  THE  CITY  COUNCIL. 


Section. 

Section. 

1. 

Council — how  composed. 

11. 

Open  doors. 

2. 

Number  of  aldermen. 

12. 

journal  shall  be  kept. 

3- 

Term  of  office  of  aldermen. 

13- 

Yeas  and  nays — record — vote  re- 

4- 

Vacancy. 

quired. 

5- 

Qualifications  of  aldermen. 

14. 

Not  rescind  vote  at  special  meeting 

6. 

Council  judge  of  election  and  qualifi- 

unless, etc. 

cation  of  members. 

i5- 

When  report  laid  over. 

7- 

Rules — expulsion — bribery. 

16. 

Territorial  jurisdiction. 

8. 

Quorum — compelling  attendance. 

1 7- 

Special  meetings. 

9- 

Meetings. 

18. 

Ordinances — appeal — veto. 

10. 

Chairman  pro  tem. 

19. 

Reconsideration — passing  over  veto. 

29.  Council — How  Composed.]  § 1.  The  city  council  shall 
consist  of  the  mayor  and  aldermen. 

30.  Number  of  Aldermen.]  § 2.  The  number  of  aldermen, 

when  not  elected  by  the  minority  representation  plan,  shall  be  as  fol- 
lows: In  cities  not  exceeding  three  thousand  inhabitants,  six  aider- 

men  ; exceeding  three  thousand  but  not  exceeding  five  thousand, 
eight  aldermen  ; exceeding  five  thousand  and  not  exceeding  ten 
thousand,  ten  aldermen  ; exceeding  ten  thousand  and  not  exceeding 
thirty  thousand,  fourteen  aldermen;  and  two  additional  aldermen  for 
every  twenty  thousand  inhabitants  over  thirty  thousand  : Provided , 

however,  that  in  cities  of  over  one  hundred  thousand  (loo, 000)  in- 
habitants, there  shall  be  elected  thirty-six  aldermen,  and  no  more. 
[See  § 175.] 

31.  Term  of  Office  of  Aldermen.]  § 3.  Aldermen  shall  hold 
their  office  for  the  term  of  two  years,  and  until  their  successors  are 
elected  and  qualified. 

32.  Vacancy.]  § 4.  If  any  vacancy  shall  occur  in  the  office  of 
alderman  by  death,  resignation,  removal  or  otherwise,  such  vacancy 
shall  be  filled  by  election. 

33.  Qualifications,  etc.]  § 5.  No  person  shall  be  eligible  to 
the  office  of  alderman  unless  he  shall  be  a qualified  elector,  and  re- 
side within  the  ward  for  which  he  is  elected,  nor  shall  he  be  eligible 
if  he  is  in  arrears  in  the  payment  of  any  tax  or  other  liability  due  to 
the  city;  nor  shall  he  be  directly  or  indirectly  interested  in  any  con- 
tract whatever  to  which  the  city  is  a party ; nor  shall  he  be  eligible  if 
he  shall  have  been  convicted  of  malfeasance,  bribery  or  other  corrupt 
practices  or  crimes;  nor  shall  he  be  eligible  to  any  office,  the  salary 
of  which  is  payable  out  of  the  city  treasury,  if  at  the  time  of  his 
appointment  he  shall  be  a member  of  the  city  council ; nor  shall  any 
member  of  the  city  council  at  the  same  time  hold  any  other  office 
under  the  city  government  ; nor  shall  he  be  either  directly  or  in- 
directly, individually,  or  as  a member  of  a firm,  engaged  in  any  busi- 
ness transaction  ( other  than  official)  with  such  city,  through  its  mayor 


10 


CITIES  AND  VILLAGES, 


or  any  of  its  authorized  boards,  agents  or  attorneys,  whereby  any 
money  is  to  be  paid,  directly  or  indirectly,  out  of  the  city  treasury 
to  such  member  or  firms. 

34-  Judge  of  Election — Qualification,  etc.]  § 6.  The  city 
council  shall  be  judge  of  the  election  and  qualification  of  its  own 
members. 

35.  Rules^Expulsion — Bribery.]  § 7.  It  shall  determine  its 

own  rules  of  proceeding,  punish  its  members  for  disorderly  conduct, 
and  with  the  concurrence  of  two-thirds  of  the  aldermen  elect,  may 
expel  a member,  but  not  a second  time  for  the  same  offense : Pro- 

vided, that  any  alderman  or  councilman  who  shall  have  been  convict- 
ed of  bribery  shall  thereby  be  deemed  to  have  vacated  his  office. 

36.  Quorum — Compelling  Attendance.]  § 8.  A majority  of 
the  aldermen  elect  shall  constitute  a quorum  to  do  business,  but  a 
smaller  number  may  adjourn  from  time  to  time,  and  may  compel  the 
attendance  of  absentees,  under  such  penalties  as  may  be  prescribed  by 
ordinance. 

37.  Meetings.]  § 9.  The  city. council  may  prescribe,  by  ordi- 
nance, the  times  and  places  of  the  meeting  thereof,  and  the  manner 
in  which  special  meetings  thereof  may  be  called. 

38.  Chairman  pro  tem.]  § 10.  It  may  elect  a temporary  chair- 
man in  the  absence  of  the  mayor. 

39.  Open  Doors.]  § 11.  It  shall  sit  with  open  doors. 

40.  Journal  Shall  be  Kept.]  § 12.  It  shall  keep  a journal  of 
its  owK  proceedings, 

41-  Yeas  and  n\ys—  Record — Vote  Required.]  § *13:.  The 
yeas  and  nays  shall  be  taken  upon  the  passage  of  all  ordinances,  and 
on  all  propositions  to  create  any  liability  against  the  city,  or  for  the 
expenditure  or  appropriation  of  its  money,  and  in  all  other  cases  at 
the  request  of  any  member,  which  shall  be  entered  on  the  journal  of 
its  proceedings ; and  the  concurrence  of  a majority  of  all  the  mem- 
bers elected  in  the  city  council  shall  be  necessary  to  the  passage  of 
any  such  ordinance  or  proposition:  Provided , it  shall  require  two- 

thirds  of  all  the  aldermen  elect  to  sell  any  city  or  school  property. 

42.  Not  Rescind  Vote,  etc.]  § 14.  No  vote  of  the  city  coun- 
cil shall  be  reconsidered  or  rescinded  at  a special  meeting,  unless  at 
such  special  meeting  there  be  present  as  large  a number  of  aldermen 
as  were  present  when  such  vote  was  taken. 

43.  When  Report  Laid  Over.]  § 15.  Any  report  of  a com- 
mittee of  the  council  shall  be  deferred  for  final  action  thereon,  to  the 
next  regular  meeting  of  the  same  after  the  report  is  made,  upon  the 
request  of  any  two  aldermen  present. 

44.  Territorial  Jurisdiction.]  § 16.  The  city  council  and 
board  of  trustees  shall  also  have  jurisdiction  in  and  over  all  places 


CITIES  AND  VILLAGES. 


11 


within  one-half  mile  of  the  city  or  village  limits,  for  the  purpose  of 
enforcing  health  and  quarantine  ordinances  and  regulations  thereof. 

45.  Special  Meetings.]  § 17.  The  mayor  or  any  three  aider- 
men  may  call  special  meetings  of  the  city  council. 

46.  Ordinances — Appeal — Veto.]  § 18.  All  ordinances  pass- 
ed by  the  city  council  shall,  before  they  take  effect,  be  deposited  in 
the  office  of  the  city  clerk ; and  if  the  mayor  approves  thereof,  he 
shall  sign  the  same,  and  such  as  he  shall  not  approve  lie  shall  return 
to  the  council,  with  his  objections  thereto,  in  writing,  at  the  next 
regular  meeting  of  the  council  occurring  not  less  than  five  days  after 
the  passage  thereof.  Such  veto  may  extend  to  any  , one  or  more  items 
or  appropriations  contained  in  any  ordinance  making  an  appropria- 
tion, or  to  the  entire  ordinance;  and  in  case  the  veto  only  extends  to 
a part  of  such  ordinance,  the  residue  thereof  shall  take  effect  and  be 
in  force.  But  in  case  the  mayor  shall  fail  to  return  any  ordinance, 
with  his  objections  thereto,  by  the  time  aforesaid,  he  shall  be  deemed 
to  have  approved  such  ordinance,  and  the  same  shall  take  effect 
accordingly. 

47.  Reconsideration — Passing  Over  Veto.]  § 19.  Upon  the 
return  of  any  ordinance  by  the  mayor,  the  vote  by  which  the  same 
was  passed  shall  be  reconsidered  by  the  council;  and  if,  after  such 
reconsideration,  two-thirds  of  all  the  members  elected  to  the  city 
council  shall  agree,  by  yeas  and  nays,  to  pass  the  same,  it  shall  go  into 
effect,  notwithstanding  the  mayor  may  refuse  to  approve  thereof. 
The  veto  to  pass  the  same  over  the  mayor’s  veto  shall  be  taken  by 
yeas  and  nays,  and  entered  on  the  journal. 

6tf,  OJ,  7Z*  ARTICLE  IV. 

ELECTIONS. 


Section. 

1.  Annual  election. 

2.  Election  of  mayor. 

3.  Who  entitled  to  vote, 

4.  Wards. 

5.  Aldermen  at  first  election — classified. 

6.  Minority  representation. 

7.  Aldermen  under  minority  representa- 

tion. 

8.  Aldermen  when  minority  plan  not 

adopted. 


Section. 

9.  Council  to  designate  place  of  elec- 
tion— notice. 

10.  Manner  of  conducting  elections. 

11.  Result — tie. 

12.  Notice  to  persons  elected  or  appoint- 

ed. 

13.  Where  no  quorum  in  pfifice — special 

election. 

14.  Special  election. 


48.  Annual  Election.]  § 1.  A general  election  for  city  officers 

shall  be  held  on  the  third  Tuesday  of  April  of  each  year:  Provided , 

that  in  cities  which  include  wholly  within  their  corporate  limits  a 
town  or  towns,  such  elections  shall  be  held  on  the  first  Tuesday  of 
April.  [As  amended  laws  of  1877.] 

49.  Election  of  Mayor.]  § 2.  At  the  general  election  held  in 
1877,  and  biennially  thereafter,,  a mayor,  a city  clerk,  a city  attorney, 


12 


CITIES  AND  VILLAGES. 


and  a city  treasurer  shall  be  elected  in  each  city : }>rovided,  that  no 

person  shall  be  elected  to  the  office  of  city  treasurer  for  two  terms  in 
succession.  [As  amended  laws  1877.] 

50.  Who  Entitled  to  Vote.]  § 3.  All  persons  entitled  to 
vote  at  any  general  election  for  state  officers  within  any  city  or  village, 
having  resided  therein  thirty  days  next  preceding  thereto,  may  vote 
at  any  election  for  city  or  village  officers. 

51.  Wards.]  § 4.  The  city  council  may,  from  time  to  time, 
divide  the  city  into  one  half  as  many  wards  as  the  total  number  of 
aldermen  to  which  the  city  is  entitled,  and  one  alderman,  shall,  an- 
nually, be  elected  in  and  for  each  ward,  to  hold  his  office  for  two 
years,  and  until  his  successor  is  elected  and  qualified.  In  the  forma- 
tion of  wards,  the  population  of  each  shall  be  as  nearly  equal,  and  the 
ward  shall  be  of  as  compact  and  contiguous  territory  as  practicable. 

52.  Aldermen — First  Election — Classified.]  § 5.  At  the 

first  election  under  this  act,  there  shall  be  elected  the  full  number  of 
aldermen  to  which  the  city  shall  be  entitled.  At  the  first  meeting  of 
the  city  council  after  such  election,  the  aldermen  elected  shall  be 
divided,  by  lot,  into  two  classes  : those  of  the  first  class  shall  con- 
tinue in  office  for  one  year,  and  those  of  the  second  class  for  two 
years.  And  upon  any  increase  of  the  number  of  aldermen  at  their 
first  election,  one  half  shall  be  elected  for  one  year,  and  one  half  for 
two  years. 

53.  Minority  Representation.]  § 6.  Whenever  this  act  shall 

be  submitted  to  the  qualified  electors  of  any  city  for  adoption,  there 
shall  be  submitted  at  the  same  time,  for  adoption  or  rejection,  the 
question  of  minority  representation  in  the  city  council  or  legislative 
authority  of  such  city.  At  the  said  election  the  ballots  shall  be  in 
the  following  form  : “For  minority  representation  in  the  city  coun- 

cil,” or  “Against  minority  representation  in  the  city  council.”  And 
at  any  subsequent  time,  on  petition  of  the  legal  voters  equal  in  num- 
ber to  one-eighth  the  number  of  legal  votes  cast  at  the  next  preceding 
general  city  election,  the  city  council  shall  cause  the  question  of 
minority  representation  to  be  submitted  to  the  legal  voters  of  said 
city,  and  the  ballots  shall  be  in  form  as  provided  in  this  section  : 
Provided , that  no  such  question  of  representation  shall  be  submitted 
more  than  once  in  every  two  years.  The  judges  of  such  election 
shall  make  returns  thereof  to  the  city  council,  whose  duty  it  shall  be 
to  canvass  such  returns,  and  to  cause  the  result  of  such  canvass  to  be 
entered  on  the  records  of  such  city.  If  a majority  of  the  votes  cast 
at  such  an  election  shall  be  “For  equal  representation  in  the  city 
council,”  then  the  members  of  the  city  council  or  legislative 
authority  of  such  city  shall  be  thereafter  elected  in  the  follow- 
ing manner:  The  council  or  legislative  authority  of  such  city, 
at  least  one  month  before  the  general  election  in  the  year 
in  which  this  act  shall  take  effect  in  such  city,  shall  apportion  such 


CITIES  AND  VILLAGES. 


13 


city,  by  dividing  the  population  thereof,  as  ascertained  by  the  last 
federal  census,  by  any  number  not  less  than  two  nor  more  than  six, 
and  the  quotient  shall  be  the  ratio  of  representation  in  the  city  coun- 
cil. Districts  shall  be  formed  of  contiguous  and  compact  territory, 
and  contain,  as  nearly  as  practicable,  an  equal  number  of  inhabitants. 
[As  amended  by  act  approved  March  27,  1874;  in  force  July  1,  1874.] 

54.  Aldermen  Under  Minority  Representation.]  § 7.  Every 

such  district  shall  be  entitled  to  three  aldermen,  who  shall  hold  their 
office  for  two  years,  and  until  their  successors  shall  be  elected  and 
qualified : Provided , that  those  elected  at  the  first  election,  from  the 

wards  bearing  odd  numbers,  shall  only  hold  their  office  for  one  year, 
and  until  their  successors  shall  be  elected  and  qualified.  Vacancies 
occurring  by  the  expiration  of  term,  shall  be  filled  by  the  election  of 
aldermen  for  the  full  term  of  two  years.  Vacancies  arising  from  any 
other  cause  than  the  expiration  of  term,  shall  be  filled  at  an  election 
to  be  held  by  the  voters  of  the  district  in  which  such  vacancy  shall 
occur,  at  the  time  designated  by  the  city  council.  In  all  elections 
for  aldermen,  aforesaid,  each  qualified  voter  may  cast  as  many  votes 
as  there  are  aldermen  to  be  elected  in  his  district,  or  may  distribute 
the  same,  or  equal  parts  thereof,  among  the  candidates,  as  he  shall 
see  fit,  and  the  candidate  highest  in  votes  shall  be  declared  elected. 
[As .amended  by  act  approved  March  27,  1874;  in  force  July  1,  1874.] 

55.  Aldermen  When  Minority  Plan,  etc.]  § 8.  If  a majority 
of  the  votes  cast  at  such  election  shall  be  “Against  minority  repre- 
sentation in  the  city  council,”  the  preceding  section  shall  be  null  and 
void,  so  far  as  it  relates  to  such  city  at  such  election,  and  the  aider- 
men  of  such  city  shall  be  elected  as  otherwise  provided  for  in  this  act. 

56.  Council  to  Designate  Place,  etc. — Notice.]  § 9.  The 
city  council  shall  designate  the  place  or  places  in  which  the  election 
shall  be  held,  and  appoint  the  judges  and  clerks  thereof,  and  cause 
notice  to  be  printed  in  some  newspaper  published  in  such  city,  if 
there  be  one,  or  posted  at  each  voting  place  in  such  city,  of  the  time, 
places  of  election,  and  of  the  officers  to  be  elected,  for  at  least  twenty 
days  prior  to  such  election. 

57.  Manner  of  Conducting  Elections.]  § 10.  The  manner 
of  conducting  and  voting  at  elections  to  be  held  under  this  act  and 
contesting  the  same,  the  keeping  of  poll  lists  and  canvassing  the 
votes,  shall  be  the  same,  as  nearly  as  may  be,  as  in  the  case  of  the 
election  of  county  officers,  under  the  general  laws  of  this  state.  The 
judges  of  election  shall  appoint  clerks,  when  necessary  to  fill  vacan- 
cies, and  the  judges  and  clerks  shall  take  the  same  oath  and  have 
the  same  powers  and  authority  as  the  judges  and  clerks  of  general 
state  elections.  After  the  closing  of  the  polls,  the  ballots  shall 
be  counted  and  the  returns  made  out  and  returned,  under  seal,  to 
the  city  or  village  clerk,  as  the  case  may  be,  within  two  days  after  the 


14 


CITIES  AND  VILLAGES. 


election ; and,  thereupon,  the  city  council  or  board  of  trustees,  as  the 
case  may  be,  shall  examine  and  canvass  the  same  and  declare  the 
result  of  the  election,  and  cause  a statement  thereof  to  be  entered 
upon  its  journals. 

58.  Result — Tie.1  § it!  The  person  having  the  highest  num- 
ber of  votes,  for  any  office,  shall  be  declared  elected.  In  case  of  a 
tie  in  the  election  of  any  city  or  village  officer,  it  shall  be  determined 
by  lot,  in  the  presence  of  the  city  council  or  board  ot  trustees,  in 
such  manner  as  they  shall  direct,  which  candidate  or  candidates 
shall  hold  the  office. 

59.  Notice  to  Persons  Elected,  etc.]  §12.  It  shall  be  the 
duty  of  the  village  or  city  clerk,  within  five  days  after  the  result  of 
the  election  is  declared  or  appointment  made,  to  notify  all  persons 
elected  or  appointed  to  office  of  their  election  or  appointment,  and 
unless  such  persons  shall  respectively  qualify  in  ten  days  after  such 
notice,  the  office  shall  become  vacant. 

60.  No  Quorum  in  Office — Special  Election.]  § 13.  If,  for 
any  cause,  there  shall  not  be  a quorum  in  office  of  the  city  council  or 
board  of  trustees,  the  mayor,  clerk,  or  any  aldercnan  or  trustee,  as  the 
case  may  be,  may  appoint  the  time  and  place  for  holding  a special 
election  to  supply  such  vacancy  and1  give  notice  and  appoint  the 
judges  thereof. 

61.  Special  Election.]  § 14.  If  there  is  a failure  to  elect  any 
officer  herein  required  to  be  elected,  or  the  person  elected  should  fail 
to  qualify,  the  city  council  or  board  of  trustees  may  forthwith  order  a 
new  election  therefor;  and  in  all  cases,  when  necessary  for  the  pur- 
poses of  this  act,  may  call  special  elections,  appoint  judges  and  clerks 
thereof,  canvass  the  returns  thereof,  and  provide  by  ordinance  for  the 
mode  of  conducting  the  same;  and  shall  give  notice  of  such  special 
elections,  in  which  shall  be  stated  the  questions  to  be  voted  upon, 
and  cause  such  notices  to  be  published  or  posted  for  the  same  length 
of  time  and  in  the  same  manner  as  is  required  in  the  case  of  regular 
annual  elections  in  such  cities  or  villages. 

ARTICLE  V. 

OF  THE  POWERS  OF  THE  CITY  COUNCIL. 

Section.  Section. 

1.  General  powers  of  the  city  council.  6.  Fines  and  licenses  paid  to  treasurer. 

2.  Style  of  ordinances.  7.  Summons — affidavit — punishment. 

3.  Publication  of  ordinances — when  they  8.  Jurisdiction  of  justices,  etc. 

take  effect.  9.  Constables  and  sheriffs  may  serve 

4.  Proof  of  ordinances.  process,  etc. 

5.  Suits  for  violating  ordinances.  10.  Jurisdiction  over  water. 

62.  General  Powers  of  the  City  Council.]  § i.  The  city 
council  in  cities,  and  president  and  board  of  trustees  in  villages, 
shall  have  the  following  powers : 


CITIES  AND  VILLAGES. 


15 


First — To  control  the  finances  and  property  of  the  corporation. 

Second — To  appropriate  money  foi1  corporate  purposes  only,  and 
provide  for  payment  of  debts  and  expenses  of  the  corporation. 

Third — To  levy  and  collect  taxes  for  general  and  special  purposes 
on  real  and  personal  property. 

Fourth — To  fix  the  amount,  terms  and  manner  of  issuing  and  re- 
voking licenses. 

Fifth — To  borrow  money  on  the  credit  of  the  corporation  for  cor- 
porate purposes,  and  issue  bonds  therefor,  in  such  amounts  and  form, 
and  on  such  Conditions  as  it  shall  prescribe,  but  shall  not  become 
indebted  in.  any  manner  or  for  any  purpose  to  any  amount,  including 
existing  indebtedness,  in  the  aggregate  to  exceed  five  (5)  per  centum 
on  the  value  of  the  taxable  property  therein,  to  be  ascertained  by  the 
last  assessment  for  state  and  county  taxes  previous  to  the  incurring 
of  such  indebtedness;  and  before  or  at  the  time  of  incurring  any  in- 
debtedness, shall  provide  for  the  collection  of  a direct  annual  tax 
sufficient  to  pay  the  interest  on  such  debt  as  it  falls  due,  and  also  to 
pay  and  discharge  the  principal  thereof  within  twenty  years  after 
contracting  the  same. 

Sixth — To  issue  bonds  in  place  of  or  to -supply  means  to  meet 
maturing  bonds,  or  for  the  consolidation  or  funding  of  the  same. 

Seventh— To  lay  out,  to  establish,  open,  alter,  widen,  extend,  grade, 
pave  or  otherwise  improve  streets,  alleys,  avenues,  sidewalks,  wharves, 
parks  and  public  grounds,  and  vacate  the  same. 

Eighth — To  plant  trees  upon  the  same. 

Ninth — To  regulate  the  use  of  the  same. 

Tenth — To  prevent  and  remove  encroachments  or  obstructions 
upon  the  same. 

Eleventh — To  provide  for  the  lighting  of  the  same. 

Twelfth— To  provide  for  the  cleansing  of  the  same. 

Thirteenth- — To  regulate  the  openings  therein  for  the  laying  of  gas 
or  water  mains  and  pipes,  and  the  building  and  repairing  of  sewers, 
tunnels  and  drains,  and  erecting  gas  lights : Provided,  however,  that 

any  company  heretofore  organized  under  the  general  laws  of  this 
state,  or  any  association  of  persons  organized,  or  which  may  be  here- 
after organized  for  the  purpose  of  manufacturing  illuminating  gas  to 
supply  cities  or  villages,  or  the  inhabitants  thereof  with  the  same, 
shall  have  the  right,  by  consent  of  the  common  council  (subject  to 
existing  rights),  to  erect  gas  factories,  and  lay  down  pipes  in  the 
streets  or  alleys  of  any  city  or  village  in  this  state,  subject  to  such 
regulations  as  any  such  city  or  village  may  by  ordinance  impose. 

Fourteenth — To  regulate  the  use  of  sidewalks  and  all  structures 
thereunder;  and  to  require  the  owner  or  occupant  of  any  premises  to 
keep  the  sidewalks  in  front  of,  or  along  the  same,  free  from  snow  and 
other  obstructions. 

Fifteenth — To  legulate  and  prevent  the  throwing  or  depositing  of 


16 


CITIES  AND  VILLAGES. 


ashes,  offal,  dirt,  garbage  or  any  offensive  matter  in,  and  to  prevent 
injury  to,  any  street,  avenue,  alley  or  public  ground. 

Sixteenth — To  provide  for  and  regulate  crosswalks,  curbs  and 
gutters. 

Seventeenth — To  regulate  and  prevent  the  use  of  streets,  sidewalks 
and  public  grounds  for  signs,  sign  posts,  awnings,  awning  posts,  tele- 
graph poles,  horse  troughs,  racks,  posting  handbills  and  advertise- 
ments. 

Eighteenth — To  regulate  and  prohibit  the  exhibition  or  carrying  of 
banners,  placards,  advertisements  or  handbills  in  the  streets  or  public 
grounds,  or  upon  the  sidewalks. 

Nineteenth — To  regulate  and  prevent  the  flying  of  flags,  banners  or 
signs  across  to  streets  or  from  houses. 

Twentieth — To  regulate  traffic  and  sales  upon  the  streets,  sidewalks 
and  public  places. 

Twenty-first — To  regulate  the  speed  of  horses  and  other  animals, 
vehicles,  cars  and  locomotives  within  the  limits  of  the  corporation. 

Twenty-second — To  regulate  the  numbering  of  houses  and  lots. 

Twenty-third — To  name  and  change  the  name  of  any  street,  avenue, 
alley,  or  other  public  place. 

Twenty-fourth — To  permit,  regulate  or  prohibit  the  locating,  con- 
structing or  laying  a track  of  any  horse  railroad  in  any  street,  alley 
or  public  place;  but  such  permission  shall  not  be  for  a longer  time 
than  twenty  years. 

Twenty-fifth — To  provide  for  and  change  the  location,  grade  and 
crossings  of  any  railroad. 

Twenty-sixth — To  require  railroad  companies  to  fence  their  respec- 
tive railroads,  or  any  portion  of  the  same,  and  to  construct  cattle 
guards,  crossings  of  streets  and  public  roads,  and  keep  the  same  in 
repair,  within  the  limits  of  the  corporation.  In  case  any  railroad 
company  shall  fail  to  comply  with  any  such  ordinance,  it  shall  be 
liable  for  all  damages  the  owner  of  any  cattle  or  horses  or  other 
domestic  animal,  may  sustain,  by  reason  of  injuries  thereto  while  on 
the  track  of  such  railroad,  in  like  manner  and  extent  as  under  the 
general  laws  of  this  state,  relative  to  the  fencing  of  railroads ; and 
actions  to  recover  such  damages  may  be  instituted  before  any  justice 
of  the  peace  or  other  court  of  competent  jurisdiction. 

Twenty-seventh — To  require  railroad  companies  to  keep  flagmen  at 
railroad  crossings  of  streets,  and  provide  protection  against  injury  to 
persons  and  property  in  the  use  of  such  railroads.  To  compel  such 
railroad  to  raise  or  lower  their  railroad  tracks  to  conform  to  any 
grade  which  may,  at  any  time,  be  established  by  such  city,  and  where 
such  tracks  run  lengthwise  of  any  such  street,  alley  or  highway,  to 
keep  their  railroad  tracks  on  a level  with  the  street  surface,  and  so 
that  such  tracks  may  be  crossed  at  any  place  on  such  street,  alley  or 
highway.  'To  compel  and  require  railroad  companies  to  make  and 
keep  open  and  to  keep  in  repair  ditches,  drains,  sewers  and  culverts 


CITIES  AND  VILLAGES, 


17 


along  and  under  their  railroad  tracks,  so  that  filthy  or  stagnant  pools 
of  water  cannot  stand  on  their  grounds  or  right  of  way,  and  so  that 
the  natural  drainage  of  adjacent  property  shall  not  be  impeded. 

Twenty-eighth — To  construct  and  keep  in  repair  bridges,  viaducts 
and  tunnels,  and  to  regulate  the  use  thereof.  [See  § 194.]. 

Twenty-ninth — To  construct  and  keep  in  repair  culverts,  drains, 
sewers  and  cesspools,  and  to  regulate  the  use  thereof.  [See  § 253.] 

Thirtieth — To  deepen,  widen,  dock,  cover,  wall,  alter  or  change 
the  channel  of  water  courses. 

Thirty-first — To  construct  and  keep  in  repair  canals  and  slips  for 
the  accommodation  of  commerce. 

Thirty-secojid — To  erect  and  keep  in  repair  public  landing  places, 
wharves,  docks  and  levees.  [See  § 219-220.] 

Thirty-third — To  regulate  and  control  the  use  of  public  and  private 
landing  places,  wharves,  docks  and  levees. 

Thirty-fourth — To  control  and  regulate  the  anchorage,  moorage 
and  landing  of  all  water  craft  and  their  cargoes  within  the  jurisdic- 
tion of  the  corporation. 

Thirty-fifth — To  license,  regulate  and  prohibit  wharf  boats,  tugs 
and  other  boats  used  about  the  harbor  or  within  such  jurisdiction. 

Thirty -sixth — To  fix  the  rate  of  wharfage  and  dockage. 

Thirty -seventh — To  collect  wharfage  and  dockage  from  all  boats, 
rafts  or  other  craft  landing  at  or  using  any  public  landing  place, 
wharf,  dock  or  levee  within  the  limits  of  the  corporation. 

Thirty-eighth — To  make  regulations  in  regard  to  the  use  of  harbors, 
towing  of  vessels,  opening  and  passing  of  bridges. 

Thirth-ninth — To  appoint  harbor  masters,  and  define  their  duties. 

Fortieth — To  provide  for  the  cleansing  and  purification  of  waters, 
water  courses  and  canals,  and  the  draining  or  filling  of  ponds  on 
private  property,  whenever  necessary  to  prevent  or  abate  nuisances. 

Foi'tyfirst — To  license,  tax,  regulate,  suppress  and  prohibit  hawk- 
ers, peddlers,  pawnbrokers,  keepers  of  ordinaries,  theatricals  and 
other  exhibitions,  shows  and  amusements,  and  to  revoke  such  license 
at  pleasure. 

Forty-second — To  license,  tax  and  regulate  hackmen,  draymen, 
omnibus  drivers,  carters,  cabmen,  porters,  expressmen,  and  all  others 
pursuing  like  occupations,  and  to  prescribe  their  compensation. 

Forty-third — To  license,  regulate,  tax  and  restrain  runners  for 
stages,  cars,  public  houses,  or  other  things  or  persons. 

Forty  fourth — To  license,  regulate,  tax  or  prohibit  and  suppress 
billiard,  bagatelle,  pigeon  hole  or  any  other  tables  or  implements  kept 
or  used  for  a similar  purpose  in  any  place  of  public  resort,  pin  alleys 
and  ball  alleys. 

Forty-fifth — To  suppress  bawdy  and  disorderly  houses,  houses  of 
ill-fame  or  assignation,  within  the  limits  of  the  city,  and  within  three 


18 


CITIES  AND  VILLAGES. 


miles  of  the  outer  boundaries  of  the  city ; and  also  to  suppress  gaming 
and  gambling  houses,  lotteries,  and  all  fraudulent  devises  and  prac- 
tices for  the  purposes  of  gaming  or  obtaining  money  or  property;  and 
to  prohibit  the  sale  or  exhibition  of  obscene  or  immoral  publications, 
prints,  pictures  or  illustrations.  [See  § 216-217.] 

Forty-sixth— To  license,  regulate  and  prohibit  the  selling  or  giving 
away  of  any  intoxicating,  malt,  vinous,  mixed  or  fermented  liquor, 
the  license  not  to  extend  beyond  the  municipal  year  in  which  it  shall 
be  granted,  and  to  determine  the  amount  to  be  paid  for  such  license: 
Provided,  that  the  city  council  in  cities,  or  president  and  board  of 
trustees  in  villages,  may  grant  permits  to  druggists  for  the  sale  of 
liquors  for  medicinal,  mechanical,  sacramental  and  chemical  purposes 
only,  subject  to  forfeiture,  and  under  such  restrictions  and  regulations 
as  may  be  provided  by  ordinance  : Provided , further , that  in  grant- 

ing licenses  such  corporate  authorities  shall  comply  with  whatever 
general  law  of  the  state  may  be  in  force  relative  to  the  granting  of 
licenses. 

Forty- seventh — The  foregoing  shall  not  be  construed  to  affect  the 
provisions  of  the  charter  of  any  literary  institution  heretofore  granted. 

Forty-eighth — And  the  city  council  in  cities,  and  president  and 
board  of  trustees  in  villages,  shall  also  have  the  power  to  forbid  and 
punish  the  selling  or  giving  away  of  any  intoxicating,  malt,  vinous, 
mixed  or  fermented  liquor  to  any  minor,  apprentice  or  servant,  or 
insane,  idiotic  or  distracted  person,  habitual  drunkard,  or  person  in- 
toxicated. 

Forty -ninth — To  establish  markets  and  market  houses,  and  provide 
for  the  regulation  and  use  thereof. 

Fiftieth — To  regulate  the  sale  of  meats,  poultry,  fish,  butter, 
cheese,  lard,  vegetables,  and  all  other  provisions,  and  to  provide  for 
place  and  manner  of  selling  the  same. 

Fifty-first — To  prevent  and  punish  forestalling  and  regrating. 

Fifty-second — To  regulate  the  sale  of  bread  in  the  city  or  village; 
prescribe  the  weight  and  quality  of  the  bread  in  the  loaf. 

Fifty-third — To  provide  for  and  regulate  the  inspection  of  meats, 
poultry,  fish,  butter,  cheese,  lard,  vegetables,  cotton,  tobacco,  flour, 
meal,  and  other  provisions. 

Fifty-fourth—  To  regulate  the  inspection,  weighing  and  measuring  of 
brick,  lumber,  fire  wood,  coal,  hay,  and  any  article  of  merchandise. 

Fifty-fifth — To  provide  for  the  inspection  and  sealing  of  weights 
and  measures. 

Fifty-sixth — To  enforce  the  keeping  and  use  of  proper  weights  and 
measures  by  vendors. 

Fifty-seventh — To  regulate  the  construction,  repairs  and  use  of 
vaults,  cisterns,  areas,  hydrants,  pumps,  sewers  and  gutters. 

Fifty-eighth — To  regulate  places  of  amusement. 


CITIES  AND  VILLAGES. 


19 


Fity-ninth — To  prevent  intoxication,  fighting,  quarreling,  dog 
fights,  cock  fights,  and  all  disorderly  conduct. 

Sixtieth — To  regulate  partition  fences  and  party  walls. 

Sixty-first — To  prescribe  the  thickness,  strength  and  manner  of 
constructing  stone,  brick  and  other  buildings,  and  construction  of 
fire  escapes  therein. 

Sixty-second — The  city  council,  and  the  president  and  trustees  in 
villages,  for  the  purpose  of  guarding  against  the  calamities  of  fire, 
shall  have  power  to  prescribe  the  limits  within  which  wooden  build- 
ings shall  not  be  erected  or  placed  or  repaired,  without  permission, 
and  to  direct  that  all  and  any  buildings  within  the  fire  limits,  when 
the  same  shall  have  been  damaged  by  fire,  decay  or  otherwise,  to  the 
extent  of  fifty  per  cent,  of  the  value,  shall  be  torn  down  or  removed, 
and  to  prescribe  the  manner  of  ascertaining  such  damage. 

Sixty-third — To  prevent  the  dangerous  construction  and  condition 
of  chimneys,  fire-places,  hearths,  stoves,  stove-pipes,  ovens,  boilers 
and  apparatus  used  in  and  about  any  building  or  manufactory,  and  to 
cause  the  same  to  be  removed  or  placed  in  a safe  condition,  when 
considered  dangerous;  to  regulate  and  prevent  the  carrying  on  of 
manufactories,  dangerous  in  causing  and  promoting  fires ; to  prevent 
the  deposit  of  ashes  in  unsafe  places,  and  to  cause  all  such  buildings 
and  inclosures  as  may  be  in  a dangerous  state  to  be  put  in  a safe  con- 
dition. 

Sixty-fourth — To  erect  engine  houses,  and  provide  fire  engines, 
hose  carts,  hooks  and  ladders,  and  other  implements  for  prevention 
and  extinguishment  of  fires,  and  provide  for  the  use  and  management 
of  the  same  by  voluntary  fire  companies  or  otherwise. 

Sixty  fifth — To  regulate  and  prevent  storage  of  gunpowder,  tar, 
pitch,  rosin,  coal  oil,  benzine,  turpentine,  hemp,  cotton,  nitro- 
glycerine, petroleum,  or  any  of  the  products  thereof,  and  other  com- 
bustible or  explosive  material,  and  the  use  of  lights  in  stables,  shops 
and  other  places,  and  the  building  of  bonfires  ; also  to  regulate  and 
restrain  the  use  of  fire-works,  fire-crackers,  torpedoes,  Roman  candles, 
sky-rockets  and  other  pyrotechnic  displays. 

Sixty-sixth — To  regulate  the  police  of  the  city  or  village,  and  pass 
and  enforce  all  necessary  police  ordinances. 

Sixty -seventh — To  provide  for  the  inspection  of  steam  boilers. 

Sixty-eighth — To  prescribe  the  duties  and  powers  of  a superintend- 
ent of  police,  policemen  and  watchmen. 

Sixty-ninth — To  establish  and  erect  calabooses,  bridewells,  houses 
of  correction  and  workhouses,  for  the  reformation  and  confinement 
of  vagrants,  idle  and  disorderly  persons,  and  persons  convicted  of 
violating  any  city  or  village  ordinance,  and  make  rules  and  regula- 
tions for  the  government  of  the  same,  and  appoint  necessary  keepers 
and  assistants. 


20 


CITIES  AND  VILLAGES. 


Seventieth — To  use  the  county  jail  for  the  confinement  or  punish- 
ment of  offenders,  subject  to  such  conditions  as  are  imposed  by  law, 
and  with  the  consent  of  the  county  board. 

Seventy-first — To  provide  by  ordinance  in  regard  to  the  relation 
between  all  the  officers  and  employees  of  the  corporation  in  respect  to 
each  other,  the  corporation  and  the  people. 

Seventy-second — To  prevent  and  suppress  riots,  routs,  affrays,  noises, 
disturbances,  disorderly  assemblies  in  any  public  or  private  place. 

Seventy-third — To  prohibit  and  punish  cruelty  to  animals. 

Seventy -fourth — To  restrain  and  punish  vagrants,  mendicants  and 
prostitutes. 

Seventy-fifth — To  declare  what  shall  be  a nuisance,  and  to  abate  the 
same ; and  to  impose  fines  upon  parties  who  may  create,  continue  or 
suffer  nuisances  to  exist. 

Seventy-sixth — To  appoint  a board  of  health  and  prescribe  its 
powers  and  duties. 

Seventy -seventh — To  erect  and  establish  hospitals  and  medical  dis- 
pensaries, and  control  and  regulate  the  same. 

Seventy -eighth — To  do  all  acts,  make  all  regulations  which  may  be 
necessary  or  expedient  for  the  promotion  of  health  or  the  suppression 
of  disease. 

Seventy -ninth — To  establish  and  regulate  cemeteries  within  or  with- 
out the  corporation,  and  acquire  lands  therefor,  by  purchase  or  other- 
wise, and  cause  cemeteries  to  be  removed,  and  prohibit  their  estab- 
lishment within  one  mile  of  the  corporation. 

Eightieth — To  regulate,  restrain  and  prohibit  the  running  at  large 
of  horses,  cattle,  swine,  sheep,  goats,  geese  and  dogs,  and  to  impose 
a tax  on  dogs. 

Eighty-first — To  direct  the  location  and  regulate  the  management 
and  construction  of  packing  houses,  renderies,  tallow  chandleries, 
bone  factories,  soap  factories  and  tanneries,  within  the  limits  of  the 
city  or  village,  and  within  the  distance  of  one  mile  without  the  city 
or  village  limits. 

Eighty-second — To  direct  the  location  and  regulate  the  use  and  con- 
struction of  breweries,  distilleries,  livery  stables,  blacksmith  shops 
and  founderies  within  the  limits  of  the  city  or  village. 

Eighty-third — To  prohibit  any  offensive  or  unwholesome  business 
or  establishment  within  or  within  one  mile  of  the  limits  of  the  cor- 
poration. 

Eighty-fourth — To  compel  the  owner  of  any  grocery,  cellar,  soap 
or  tallow  chandlery,  tannery,  stable,  pig-sty,  privy,  sewer  or  other 
unwholesome  or  nauseous  house  or  place,  to  cleanse,  abate  or  remove 
the  same,  and  to  regulate  the  location  thereof. 

Eighty-fifth — The  city  council,  or  trustees  of  a village  shall  have 


CITIES  AND  VILLAGES. 


21 


power  to  provide  for  the  taking  of  the  city  or  village  census  ; but  no 
city  or  village  census  shall  be  taken  by  authority  of  the  council  or 
trustees  oftener  than  once  in  three  years. 

Eighty-sixth — To  provide  for  the  erection  and  care  of  all  public 
buildings  necessary  for  the  use  of  the  city  or  village. 

Eighty-seventh — To  establish  ferries,  toll  bridges,  and  license  and 
regulate  the  same,  and,  from  time  to  time,  fix  tolls  thereon. 

Eighty-eighth — To  authorize  the  construction  of  mills,  mill-races 
and  feeders  on,  through  or  across  the  streets  of  the  city  or  village,  at 
such  places  and  under  such  restrictions  as  they  shall  deem  proper. 

Eighty-ninth — The  city  council  shall  have  power,  by  condemnation 
or  otherwise,  to  extend  any  street,  alley  or  highway  over  or  across,  or 
to  construct  any  sewer  under  or  through  any  railroad  track,  right  of 
way,  or  land  of  any  railroad  company  (within  the  corporate  limits) ; 
but  where  no  compensation  is  made  to  such  railroad  company,  the 
city  shall  restore  such  railroad  track,  right  of  way  or  land  to  its 
former  state,  or  in  a sufficient  manner  not  to  have  impaired  its  use- 
fulness. 

Ninetieth — The  city  council  or  board  of  trustees  shall  have  no 
power  to  grant  the  use  of  or  the  right  to  lay  down,  any  railroad 
tracks  in  any  street  of  the  city,  to  any  steam  or  horse  railroad  com- 
pany, except  upon  a petition  of  the  owners  of  the  land  representing 
more  than  one-half  of  the  frontage  of  the  street,  or  so  much  thereof 
as  is  sought  to  be  used  for  railroad  purposes. 

Ninety-first — To  tax,  license  and  regulate  auctioneers,  distillers, 
brewers,  lumber  yards,  livery  stables,  public  scales,  money  changers 
and  brokers. 

Ninety-second — To  prevent  and  regulate  the  rolling  of  hoops,  play- 
ing of  ball,  flying  of  kites,  or  any  other  amusement  or  practice  hav- 
ing a tendency  to  annoy  persons  passing  in  the  streets  or  on  the  side- 
walks, or  to  frighten  teams  and  horses. 

Ninety-third — To  regulate  and  prohibit  the  keeping  of  any  lumber 
yard,  and  the  placing  or  piling  or  selling  any  lumber,  timber,  wood, 
or  other  combustible  material,  within  the  fire  limits  of  the  city. 

Ninety-fourth — To  provide,- by  ordinance,  that  all  the  paper,  print- 
ing, stationery,  blanks,  fuel,  and  all  the  supplies  needed  for  the  use  of 
the  city,  shall  be  furnished  by  contract,  let  to  the  lowest  bidder. 

Ninety-fifth — To  tax,  license  and  regulate  second-hand  and  junk 
stores,  and  to  forbid  their  purchasing  or  receiving  from  minors,  with- 
out the  written  consent  of  their  parents  or  guardians,  any  article 
whatsoever. 

Ninety-sixth — To  pass  all  ordinances,  rules,  and  make  all  regula- 
tions, proper  or  necessary,  to  carry  into  effect  the  powers  granted  to 
cities  or  villages,  with  such  fines  or  penalties  as  the  city  council  or 
board  of  trustees  shall  deem  proper:  Provided , no  fine  or  penalty 


22 


CITIES  AND  VILLAGES. 


shall  exceed  $200,  and  no  imprisonment  shall  exceed  six  months  for 
one  offense. 

63.  Style  of  Ordinances.]  § 2.  The  style  of  the  ordinances 

in  cities  shall  be  : “Be  it  ordained  by  the  city  council  of 

64.  Publication  of  Ordinances — When  to  take  Effect.]  § 3. 
All  ordinances  of  cities  and  villages  imposing  any  fine,  penalty,  im- 
prisonment or  forfeiture,  or  making  any  appropriation,  shall,  within 
one  month  after  they  are  passed,  be  published  at  least  once  in  a news- 
paper published  in  the  city  or  village,  or,  if  no  such  newspaper  is 
published  therein,  by  posting  copies  of  the  same  in  three  public  places 
in  the  city  or  village ; and  no  such  ordinance  shall  take  effect  until 
ten  days  after  it  is  so  published.  And  all  other  ordinances,  orders 
and  resolutions  shall  take  effect  from  and  after  their  passage,  unless 
otherwise  provided  therein. 

65.  Proof  of  Ordinances.]  § 4.  All  ordinances,  and  the  date 
of  publication  thereof,  may  be  proven  by  the  certificate  of  the  clerk, 
under  the  seal  of  the  corporation.  And  when  printed  in  book  or 
pamphlet  form,  and^purporting  to  be  published  by  authority  of  the 
board  of  trustees  or  the  city  council,  the  same  need  not  be  otherwise 
published ; and  such  book  or  pamphlet  shall  be  received  as  evidence 
of  the  passage  and  legal  publication  of  such  ordinances,  as  of  the 
dates  mentioned  in  such  book  or  pamphlet,  in  all  courts  and  places 
without  further  proof. 

66.  Suits  for  Violating  Ordinances.]  § 5.  All  actions  brought 
to  recover  any  fine,  or  to  enforce  any  penalty,  under  any  ordinance  of 
any  city  or  village,  shall  be  brought  in  the  corporate  name  of  the  city 
or  village  as  plaintiff;  and  no  prosecution,  recovery  or  acquittal,  for 
the  violation  of  any  such  ordinance,  shall  constitute  a defense  to  any 
other  prosecution  of  the  same  party  for  any  other  violation  of  any 
such  ordinance,  although  the  different  causes  of  action  existed  at  the 
same  time,  and,  if  united,  would  not  have  exceeded  the  jurisdiction 
of  the  court  or  magistrate. 

67.  Fines  and  Licenses  Paid  Treasurer.]  § 6.  All  fines  and 
forfeitures  for  the  violation  of  ordinances,  when  collected,  and  all 
moneys  collected  for  licenses  or  otherwise,  shall  be  paid  into  the 
treasury  of  the  corporation,  at  such  times  and  in  such  manner  as  may 
be  prescribed  by  ordinance. 

68.  Summons — Affidavit — Punishment.]  § 7.  In  all  actions 

for  the  violation  of  any  ordinance,  the  first  process  shall  be  a sum- 
mons : Provided , however , that  a warrant  for  the  arrest  of  the 

offender  may  issue  in  the  first  instance  upon  the  affidavit  of  any  person 
that  any  such  ordinance  has  been  violated,  and  that  the  person 
making  the  complaint  has  reasonable  grounds  to  believe  the  party 
charged  is  guilty  thereof ; and  any  person  arrested  upon  such  warrant 
shall,  without  unnecessary  delay,  be  taken  before  the  proper  officer  to 
be  tried  for  the  alleged  offense.  Any  person  upon  whom  any  fine  or 


CITIES  AND  VILLAGES. 


23 


penalty  shall  be  imposed,  may,  upon  the  order  of  the  court  or  mag- 
istrate before  whom  the  conviction  is  had,  be  committed  to  the 
county  jail  or  the  calaboose,  city  prison,  work-house,  house  of  cor- 
rection, or  other  place  provided  by  the  city  or  village  for  the  incar- 
ceration of  offenders,  until  such  fine,  penalty  and  cost  shall  be  fully 
paid  : Provided , that  no  such  imprisonment  shall  exceed  six  months 
for  any  one  offense.  The  city  council  or  board  of  trustees  shall  have 
power  to  provide,  by  ordinance,  that  every  person  so  committed  shall 
be  required  to  work  for  the  corporation,  at  such  labor  as  his  or  her 
strength  will  permit,  within  or  without  such  prison,  work-house,  house 
of  correction,  or  other  place  provided  for  the  incarceration  of  such 
offenders,  not  exceeding  ten  hours  each  working  day ; and  for  such 
work  the  person  so  employed  to  be  allowed,  exclusive  of  his  or  her 
board,  $2  for  each  day’s  work  on  account  of  such  fine  and  cost. 

68.  Jurisdiction  of  Justices,  etc.]  § 8.  Any  and  all  justices 
of  the  peace  and  police  magistrates  shall  have  jurisdiction  in  all  cases 
arising  under  the  provisions  of  this  act,  or  any  ordinance  passed  in 
pursuance  thereof. 

70.  Constables  and  Sheriffs  May  Serve  Process,  etc.]  § 9. 
Any  constable  or  sheriff  of  the  county  may  serve  any  process,  or  make 
any  arrests  authorized  to  be  made  by  any  city  officer. 

71.  Jurisdiction  Over  Water.]  § 10.  The  city  or  village  gov- 
ernment shall  have  jurisdiction  upon  all  waters  within  or  bordering 
upon  the  same,  to  the  extent  of  three  miles  beyond  the  limits  of  the 
city  or  village,  but  not  to  exceed  the  limits  of  the  state.  [Amended 
in  1875  j amendment  repealed  laws  1879.] 

ARTICLE  VI. 

OFFICERS— THEIR  POWERS  AND  DUTIES. 

Section.  Section. 

1.  Officers  enumerated.  8.  Bribery — penalty. 

2.  Other  officers — duties  of  the  city  mar-  9.  Mayor,  etc.,  not  to  hold  other  office. 

shal.  10.  Duties  of  clerk. 

3.  Appointment  — vacancies  — duties — n.  Record  of  ordinances. 

powers.  12.  Conservators  of  the  peace — powers. 

4.  Oath — bond.  13.  Compensation  of  mayor. 

5.  Commission — certificate — delivery  to  14.  Compensation  of  aldermen,  etc. 

successor.  15.  Compensation  of  other  officers. 

6.  Qualifications  of  officers.  16.  Administering  oaths. 

7.  Officers  not  to  be  interested  in  con- 

tracts. 

72.  Officers  Enumerated.]  § i.  There  shall  be  elected,  in 

all  cities  organized  under  this  act,  the  following  officers,  viz  : a 

mayor,  a city  council,  a city  clerk,  city  attorney,  and  a city  treasurer. 

73.  Other  Officers — Duties  of  City  Marshal.]  § 2.  The 
city  council  may,  in  its  discretion,  from  time  to  time,  by  ordinance 
passed  by  a vote  of  two-thirds  of  all  the  aldermen  elected,  provide 


24 


CITIES  AND  VILLAGES. 


for  the  election  by  the  legal  voters  of  the  city,  or  the  appointment 
by  the  mayor,  with  the  approval  of  the  city  council,  of  a city  collec- 
tor, a city  marshal,  a city  superintendent  of  streets,  a corporation 
counsel,  a city  comptroller,  or  any  or  either  of  them,  and  such  other 
officers  as  may  by  said  council  be  deemed  necessary  or  expedient. 
The  city  council  may,  by  a like  vote,  by  ordinance  or  resolution,  to 
take  effect  at  the  end  of  the  then  fiscal  year,  discontinue  any  office  so 
created,  and  devolve  the  duties  thereof  on  any  other  city  officer;  and 
no  officer,  filling  any  such  office  so  discontinued,  shall  have  any  claim 
against  the  city  on  account  of  his  salary,  after  such  discontinuance. 
The  city  marshal  shall  perform  such  duties  as  shall  be  prescribed  by 
the  city  council  for  the  preservation  of  the  public  peace,  and  the 
observance  and  enforcement  of  the  ordinances  and  laws;  he  shall  pos- 
sess the  power  and  authority  of  a constable  at  common  law,  and 
under  the  statutes  of  this  state. 

74.  Appointment — Vacancies — Duties — Powers.]  § 3.  All 

officers  of  any  city,  except  where  herein  otherwise  provided,  shall  be 
appointed  by  the  mayor  (and  vacancies  in  all  offices  except  the  mayor 
and  aldermen  shall  be  filled  by  like  appointment)  by  and  with  the 
advice  and  consent  of  the  city  council.  The  city  council  may,  by 
ordinance  not  inconsistent  with  the  provisions  of  this  act,  prescribe 
the  duties  and  define  the  powers  of  all  such  officers,  together  with  the 
term  of  any  such  office  : Provided , the  term  shall  not  exceed  two 

years  [See  § 15-18-32.] 

75.  Oath — Bond.]  § 4.  All  officers  of  any  city  or  village, 
whether  elected  or  appointed,  shall,  before  entering  upon  the  duties 
of  their  respective  offices,  take  and  subscribe  the  following  oath  or 
affirmation : 

I do  solemnly  swear  (or  affirm,  as  the  case  may  be,)  that  I will  support  the  con- 
stitution of  the  United  States  and  the  constitution  of  the  state  of  Illinois,  and  that  I will 
faithfully  discharge  the  duties  of  the  office  of according  to  the  best  of  my  ability. 

Which  oath  or  affirmation,  so  subscribed,  shall  be  filed  in  the  office 
of  the  city  clerk.  And  all  such  officers,  except  aldermen  and  trus- 
tees, shall,  before  entering  upon  the  duties  of  their  respective  offices, 
execute  a bond  with  security,  to  be  approved  by  the  city  council  or 
board  of  trustees,  payable  to  the  city  or  village,  in  such  penal  sum  as 
may,  by  resolution  or  ordinance,  be  directed,  conditioned  for  the 
faithful  performance  of  the  duties  of  the  office  and  the  payment  of 
all  moneys  received  by  such  officer,  according  to  law  and  the  ordi- 
nances of  said  city  or  village : Provided , however , that  in  no  case 

shall  the  mayor’s  bond  be  fixed  at  a less  sum  than  three  thousand 
dollars  ($3,000) ; nor  shall  the  treasurer’s  bond  be  fixed  at  a less  sum 
than  the  amount  of  the  estimated  tax  and  special  assessments  for  the 
current  year — which  bonds  shall  be  filed  with  the  clerk  (except  the 
bond  of  the  clerk,  which  shall  be  filed  with  the  treasurer). 

76.  Commission — Certificate — Delivery,  etc.]  § 5.  All  of- 


CITIES  AND  VILLAGES. 


25 


fleers  elected  or  appointed  under  this  act  (except  the  clerk,  aldermen 
and  mayor,  and  trustees,  shall  be  commissioned  by  warrant,  under  the 
corporate  seal,  signed  by  the  clerk  and  the  mayor  or  presiding  officer 
of  the  city  council  or  board  of  trustees.  The  mayor  or  president  of 
the  board  of  trustees  shall  issue  a certificate  of  appointment  or  elec- 
tion, under  the  seal  of  the  corporation,  to  the  clerk  thereof,  and  any 
person  having  been  an  officer  of  the  city  or  village,  shall,  within  five 
days  after  notification  and  request,  deliver  to  his  successor  in  office 
all  property,  books  and  effects  of  every  description  in  his  possession, 
belonging  to  the  city  or  village,  or  appertaining  to  his  said  office; 
and  upon  his  refusal  to  do  so,  shall  be  liable  for  all  damages  caused 
thereby,  and  to  such  penalty  as  may  by  ordinance  be  prescribed. 

77.  Qualifications  of  Officers.]  § 6.  No  person  shall  be 
eligible  to  any  office  who  is  not  a qualified  elector  of  the  city  or  vil- 
lage, and  who  shall  not  have  resided  therein  at  least  one  year  next 
preceding  his  election  or  appointment,  nor  shall  any  person  be  eligible 
to  any  office  who  is  a defaulter  to  the  corporation. 

78.  Not  to  be  Interested  in  Contracts,  etc.]  § 7.  No  of- 
ficer shall  be  directly  or  indirectly  interested  in  any  contract,  work  or 
business  of  the  city,  or  the  sale  of  any  article,  the  expense,  price  or 
consideration  of  which  is  paid  from  the  treasury,  or  by  any  assess- 
ment levied  by  any  act  or  ordinance;  nor  in  the  purchase  of  any 
real  estate  or  other  property  belonging  to  the  corporation,  or  which 
shall  be  sold  for  taxes  or  assessments,  or  by  virtue  of  legal  process  at 
the  suit  of  said  corporation. 

79.  Bribery — Penalty.]  § 8.  Every  person  who  shall  promise, 
offer  or  give,  or  cause,  or  aid,  or  abet  in  causing  to  be  promised, 
offered  or  given,  or  furnish  or  agree  to  furnish,  in  whole  or  in  part, 
to  be  promised,  offered  or  given  to  any  member  of  the  city  council 
or  board  of  trustees,  or  any  officer  of  the  corporation,  after  or  before 
his  election  or  appointment  as  such  officer,  any  moneys,  goods,  right 
in  action,  or  other  property  or  anything  of  value,  any  pecuniary  ad- 
vantage, present  or  prospective,  with  intent  to  influence  his  vote, 
opinion,  judgment  or  action  on  any  question,  matter,  cause  or  pro- 
ceeding which  may  be  Aien  pending,  or  may  by  law  be  brought  be- 
fore him  in  his  official  capacity,  shall,  upon  conviction,  be  imprisoned 
in  the  penitentiary  for  a term  not  exceeding  two  years,  or  shall  be 
fined  not  exceeding  $5,000,  or  both,  in  the  discretion  of  the  court. 
Every  officer  who  shall  accept  any  such  gift  or  promise,  or  under- 
taking to  make  the  same  under  any  agreement  or  understanding  that 
his  vote,  opinion,  judgment  or  action  shall  be  influenced  thereby,  or 
shall  be  given  in  any  question,  matter,  cause  or  proceeding  then 
pending,  or  which  may  by  law  be  brought  before  him  in  his  official 
capacity,  shall,  upon  conviction,  be  disqualified  from  holding  any 
public  office,  trust  or  appointment  under  the  city  or  village,  and  shall 
forfeit  his  office,  and  shall  be  punished  by  imprisonment  in  the  peni- 


26 


CITIES  AND  VILLAGES. 


tentiary  not  exceeding  two  years,  or  by  a fine  not  exceeding  $5,000,, 
or  both,  in  the  discretion  of  the  court.  Every  person  offending  against 
either  of  the  provisions  of  this  section,  shall  be  a competent  witness 
against  any  other  person  offending  in  the  same  transaction,  and  may 
be  compelled  to  appear  and  give  evidence  before  any  grand  jury  or 
in  any  court  in  the  same  manner  as  other  persons;  but  the  testimony 
so  given  shall  not  be  used  in  any  prosecution  or  proceeding,  civil  or 
criminal,  against  the  person  so  testifying. 

80.  Not  to  Hold  Other  Office.]  § 9.  No  mayor,  alderman, 
city  clerk,  or  treasurer,  shall  hold  any  other  office  under  the  city  gov- 
ernment during  his  term  of  office. 

81.  Duties  of  Clerk.]  § 10.  The  clerk  shall  keep  the  corporate 
seal,  to  be  provided  under  the  direction  of  the  city  council  or  board 
of  trustees,  and  all  papers  belonging  to  the  city  or  village;  he  shall 
attend  all  meetings  of  the  city  council  or  board  of  trustees,  and  keep 
a full  record  of  its  proceedings  in  the  journal ; and  copies  of  all 
papers  duly  filed  in  his  office,  and  transcripts  from  the  journals  and 
other  records  and  files  of  his  office,  certified  by  him  under  the  cor- 
porate seal,  shall  be  evidence  in  all  courts  in  like  manner  as  if  the 
originals  were  produced. 

82.  Record  of  Ordinances.]  § n.  The  clerk  shall  record,  in 
a book  kept  for  that  purpose,  all  ordinances  passed  by  the  city  coun- 
cil or  board  of  trustees,  and  at  the  foot  of  the  record  of  each  ordi- 
nance so  recorded  shall  make  a memorandum  of  the  date  of  the  pass- 
age and  of  the  publication  or  posting  of  such  ordinance,  which  record 
and  memorandum,  or  a certified  copy  thereof,  shall  be  prima  facie 
evidence  of  the  passage  and  legal  publication  or  posting  of  such 
ordinances  for  all  purposes  whatsoever. 

83.  Conservators  of  the  Peace — Powers.]  § 12.  The  trus- 
tees in  villages,  the  mayor,  aldermen,  and  the  marshal  and  his 
deputies,  policemen  and  watchmen,  in  cities,  if  any  such  be  appoint- 
ed, shall  be  conservators  of  the  peace ; and  all  officers  created  con- 
servators of  the  peace  by  this  act,  or  authorized  by  any  ordinance, 
shall  have  power  to  arrest,  or  cause  to  be  arrested,  with  or  without 
process,  all  persons  who  shall  break  the  peace,  or  be  found  violating 
any  ordinance  of  the  city  or  village  or  any  criminal  law  of  the  state, 
commit  for  examination,  and  if  necessary,  detain  such  persons  in 
custody  over  night  or  Sunday  in  the  watch  house,  or  any  other  safe 
place,  or  until  they  can  be  brought  before  the  proper  magistrate,  and 
shall  have  and  exercise  such  other  powers,  as  conservators  of  the 
peace,  as  the  city  council  or  board  of  trustees  may  prescribe.  All 
warrants  for  the  violation  of  ordinances,  and  all  criminal  warrants  to 
whomsoever  directed,  may  be  served  and  executed  within  the  cor- 
porate limits  of  any  such  city  or  village  by  any  policeman  of  such  city 
or  village ; such  policemen  being  hereby  clothed  with  all  the  common 
law  and  statutory  power  of  constables  for  such  purposes.  [As  amended 
by  laws  of  1883.] 


CITIES  AND  VILLAGES. 


27 


84.  Compensation  of  Mayor  ] §13.  The  mayor  of  any  city 

shall  receive  such  compensation  as  the  city  council  may  by  ordinance 
direct,  but  his  compensation  shall  not  be  changed  during  his  term  of 
office. 

85.  Compensation  of  Aldermen,  etc.]  § 14.  The  aldermen 

and  trustees  may  receive  such  compensation  for  their  services  as  shall 
be  fixed  by  ordinance:  Provided , however , such  compensation  shall 

not  exceed  $3  to  each  alderman  or  trustee  for  each  meeting 
of  the  city  council,  or  board  of  trustees,  actually  attended  by 
him,  and  no  other  compensation  than  for  attendance  upon  such  meet- 
ings shall  be  allowed  to  any  alderman  or  trustee  for  any  services 
whatsoever.  Such  compensation  shall  not  be  changed,  after  it  has 
been  once  established,  so  as  to  take  effect  as  to  any  alderman  or  trus- 
tee voting  for  such  change,  during  his  term  of  office. 

86.  Compensation  of  Other  Officers.  § 15.  All  other  officers 
may  receive  a salary,  fees  or  other  compensation  to  be  fixed  by  ordi- 
nance, and  after  the  same  has  been  once  fixed,  such  fees  or  compen- 
sation shall  not  be  increased  or  diminished,  to  take  effect  during  the 
term  for  which  any  such  officer  was  elected  or  appointed;  and  every 
such  officer  shall  make  and  return  to  the  mayor,  or  president  of  the 
board  of  trustees,  a semi-annual  report,  verified  by  affidavit,  of  all 
such  fees  and  emoluments  received  by  him. 

87.  Administering  Oaths.  § 16.  The  mayor  of  any  city,  and 
the  clerk  of  any  city  or  village,  shall  have  power  to  administer  oaths 
and  affirmations  upon  all  lawful  occasions. 


A RETICLE  VII. 

OF  FINANCE. 

Section.  Section. 

1.  Fiscal  year.  CITY  COLLECTOR. 


2.  Annual  appropriation  ordinance. 

3.  Limitation — emergency — borrowing 

money. 

4.  Contracting  liabilities  limited. 

CITY  TREASURER. 

5.  His  duties. 

6.  Funds  kept  separate. 

7.  Receipts. 

8.  Monthly  statements  — warrants — 

vouchers — register. 

9.  Deposit  of  funds — separate  from  his 

own. 

10.  Treasurer’s  annual  report — publica- 

tion. 

11.  Warrants. 

12.  Special  assessment  fund  kept  separ- 

ate. 


13.  His  duties. 

14.  He  shall  report,  etc. — publication. 

15.  Not  to  detain  money — penalty. 

16.  Examination  of  books — paying  over. 

CITY  COMPTROLLER. 

17.  His  powers  and  duties. 

18.  Council  may  define  duties — transfer 

of  clerk’s  financial  duties. 

19.  Record  of  bonds  issued  by  city. 

GENERAL  PROVISIONS. 

20.  Further  duties  may  be  required  of 

officers. 

21.  Appeal  to  finance  committee. 

22.  Who  may  appoint  subordinates — 

liability. 

23.  Foreign  insurance  companies— li- 

censes, etc. — penalties. 


28 


CITIES  AND  VILLAGES. 


88.  Fiscal  Year.]  § i.  The  fiscal  year  of  each  city  or  village 
organized  under  this  act  shall  commence  at  the  date  established  by 
law  for  the  annual  election  of  municipal  officers  therein,  or  at  such 
other  times  as  may  be  fixed  by  ordinance. 

89.  Annual  Appropriation  Ordinance.]  § 2.  The  city  coun- 
cil of  cities,  and  board  of  trustees  in  villages,  shall,  within  the  first 
quarter  of  each  fiscal  year,  pass  an  ordinance,  to  be  termed  the  an- 
nual appropriation  bill,  in  which  such  corporate  authorities  may  ap- 
propriate such  sum  or  sums  of  money  as  may  be  deemed  necessary  to 
defray  all  necessary  expenses  and  liabilities  of  such  corporation ; and 
in  such  ordinance  shall  specify  the  objects  and  purposes  for  which 
such  appropriations  are  made,  and  the  amount  appropriated  for  each 
object  or  purpose.  No  further  appropriations  shall  be  made  at  any 
other  time  within  such  fiscal  year,  unless  the  proposition  to  make  each 
appropriation  has  been  first  sanctioned  by  a majority  of  the  legal 
voters  of  such  city  or  village,  either  by  petition  signed  by  them,  or  at 
a general  or  special  election  duly  called  therefor. 

90.  Limitation — Emergency — Borrowing  Money,  etc.]  § 3. 

Neither  the  city  council  nor  the  board  of  trustees,  nor  any  depart- 
ment or  officer  of  the  corporation,  shall  add  to  the  corporation  ex- 
penditures in  any  one  year  anything  over  and  above  the  amount 
provided  for  in  the  annual  appropriation  bill  of  that  year,  except  as 
is  herein  otherwise  specially  provided  ; and  no  expenditure  for  an 
improvement  to  be  paid  for  out  of  the  general  fund  of  the  corpora- 
tion shall  exceed,  in  any  one  year,  the  amount  provided  for  such  im- 
provement in  the  annual  appropriation  bill : Provided,  however , that 

nothing  herein  contained  shall  prevent  the  city  council  or  board  of 
trustees  from  ordering,  by  a two-thirds  vote,  any  improvement,  the 
necessity  of  which  is  caused  by  any  casualty  or  accident  happening 
after  such  annual  appropriation  is  made.  The  city  council  or  board 
of  trustees  may,  by  a like  vote,  order  the  mayor  or  president  of  the 
board  of  trustees  and  finance  committee  to  borrow  a sufficient  amount 
to  provide  for  the  expense  necessary  to  be  incurred  in  making  any 
improvements,  the  necessity  of  which  has  arisen  as  is  last  above 
mentioned,  for  a space  of  time  not  exceeding  the  close  of  the  next 
fiscal  year — which  sum,  and  the  interest,  shall  be  added  to  the 
amount  authoized  to  be  raised  in  the  next  general  tax  levy,  and  em- 
braced therein.  Should  any  judgment  be  obtained  against  the  cor- 
poration, the  mayor,  or  president  of  the  board  of  trustees  and  finance 
committee,  under  the  sanction  of  the  city  council  or  board  of  trus- 
tees, may  borrow  a sufficient  amount  to  pay  the  same,  for  a space  of 
time  not  exceeding  the  close  of  the  next  fiscal  year — which  sum  and 
interest  shall,  in  like  manner,  be  added  to  the  amount  authorized  to 
be  raised  in  the  general  tax  levy  of  the  next  year,  and  embraced 
therein. 

91.  Contracting  Liabilities  Limited.]  § 4.  No  contract 


CITIES  AND  VILLAGES. 


29 


shall  be  hereafter  made  by  the  city  council  or  board  of  trustees,  or 
any  committee  or  member  thereof ; and  no  expense  shall  be  incurred 
by  any  of  the  officers  or  departments  of  the  corporation,  whether  the 
object  of  the  expenditure  shall  have  been  ordered  by  the  city  council 
or  board  of  trustees  or  not,  unless  an  appropriation  shall  have  been 
previously  made  concerning  such  expense,  except  as  herein  other- 
wise expressly  provided. 


CITY  TREASURER. 

92.  Duties  of  Treasurer.]  § 5.  The  treasurer  shall  receive 
all  moneys  belonging  to  the  corporation,  and  shall  keep  his  books 
and  accounts  in  such  manner  as  may  be  prescribed  by  ordinance, 
and  such  books  and  accounts  shall  always  be  subject  to  the  inspec- 
tion of  any  member  of  the  city  council  or  board  of  trustees. 

93.  Funds  Kept  Separate.]  § 6.  He  shall  keep  a separate 
account  of  each  fund  or  appropriation,  and  the  debts  and  credits 
belonging  thereto. 

94.  Receipts.]  § 7.  He  shall  give  every  person  paying  money 
into  the  treasury  a receipt  therefor,  specifying  the  date  of  payment, 
and  upon  what  account  paid ; and  he  shall  also  file  copies  of  such 
receipts  with  the  clerk,  at  the  date  of  his  monthly  reports. 

95.  Monthly  Statements — Warrants — Vouchers,  etc.]  § 8. 
The  treasurer  shall,  at  the  end  of  each  and  every  month,  and  oftener 
if  required,  render  an  account  to  the  city  council  or  board  of  trus- 
tees, or  such  officer  as  may  be  designated  by  ordinance,  (under  oath), 
showing  the  state  of  the  treasury  at  the  date  of  such  account,  and 
the  balance  of  money  in  the  treasury.  He  shall  also  accompany 
such  accounts  with  a statement  of  all  moneys  received  into  the 
treasury,  and  011  what  account,  together  with  all  warrants  redeemed 
and  paid  by  hfm : which  said  warrants,  with  any  and  all  vouchers 
held  by  him,  shall  be  delivered  to  the  clerk,  and  filed  with  his  said 
account  in  the  clerk’s  office,  upon  every  day  of  such  settlement.  He 
shall  return  all  warrants  paid  by  him  stamped  or  marked  “paid.” 
He  shall  keep  a register  of  all  warrants  redeemed  and  paid,  which 
shall  describe  such  warrants,  and  show  the  date,  amount,  number, 
the  fund  from  which  paid,  the  name  of  the  person  to  whom  and 
when  paid. 

96.  Deposit  of  Funds — Separate  from  His  Own.]  § 9.  The 

treasurer  may  be  required  to  keep  all  moneys  in  his- hands,  belonging 
to  the  corporation,  in  such  place  or  places  of  deposit  as  may  be  des- 
ignated by  ordinance : Provided , however , no  such  ordinance  shall 

be  passed  by  which  the  custody  of  such  money  shall  be  taken  from 
the  treasurer  and  deposited  elsewhere  than  in  some  regularly  organ- 
ized bank,  nor  without  a bond  to  be  taken  from  such  bank,  in  such 
penal  sum  and  with  such  security  as  the  city  council  or  board  of 


30 


CITIES  AND  VILLAGES. 


trustees  shall  direct  and  approve,  sufficient  to  save  the  corporation 
from  any  loss;  but  such  penal  sum  shall  not  be  less  than  the  esti- 
mated receipts  for  the  current  year  from  taxes  and  special  assess- 
ments levied,  or  to  be  levied,  by  the  corporation.  The  treasurer 
shall  keep  all  moneys  belonging  to  the  corporation  in  his  hands  sep- 
arate and  distinct  from  his  own  moneys,  and  he  is  hereby  expressly 
prohibited  from  using,  either  directly  or  indirectly,  the  corporation 
money  or  warrants  in  his  custody  and  keeping,  for  his  own  use  and 
benefit,  or  that  of  any  other  person  or  persons  whomsoever ; and  any 
violation  of  this  provision  shall  subject  him  to  immediate  removal 
from  office  by  the  city  council  or  board  of  trustees,  who  are  hereby 
authorized  to  declare  said  office  vacant;  and  in  which  case  his  suc- 
cessor shall  be  appointed,  who  shall  hold  his  office  for  the  remainder 
of  the  term  unexpired  of  such  officer  so  removed. 

97.  Annual  Report — Publication.]  § 10.  The  treasurer 

shall  report  to  the  city  council  or  board  of  trustees,  as  often  as  re- 
quired, a full  and  detailed  account  of  all  receipts  and  expenditures 
of  the  corporation,  as  shown  by  his  books,  up  to  the  time  of  said  re- 
port ; and  he  shall,  annually,  between  the  first  and  tenth  of  April, 
make  out  and  file  with  the  clerk  a full  and  detailed  account  of  all 
such  receipts  and  expenditures,  and  of  all  his  transactions,  as  such 
treasurer,  during  the  preceding  fiscal  year,  and  shall  show  in  such 
account  the  state  of  the  treasury  at  the  close  of  the  fiscal  year: 
which  account  the  clerk  shall  immediately  cause  to  be  published  in 
a newspaper  printed  in  such  city,  if  there  be  one,  and  if  not,  then  by 
posting  the  same  in  a public  place  in  the  clerk’s  office. 

98.  Warrants.]  § n.  All  warrants  drawn  upon  the  treasurer 
must  be  signed  by  the  mayor  and  countersigned  by  the  clerk,  stating 
the  particular  fund  or  appropriation  to  which  the  same  is  chargeable, 
and  the  person  to  whom  payable ; and  no  money  shall  be  otherwise 
paid  than  upon  such  warrants  so  drawn,  except  as  hereinafter  pro- 
vided. 

99.  Special  Assessment  Fund  Kept  Separate.]  § 12.  All 
moneys  received  on  any  special  assessment  shall  be  held  by  the 
treasurer  as  a special  fund,  to  be  applied  to  the  payment  of  the  im- 
provement for  which  the  assessment  was  made,  and  said  money  shall 
be  used  for  no  other  purpose  whatever,  unless  to  reimburse  such  cor- 
poration for  money  expended  for  such  improvement. 

CITY  COLLECTOR. 

100.  His  Duties.]  § 13.  It  shall  be  the  duty  of  the  collector, 
when  one  is  appointed,  to  preserve  all  warrants  which  are  returned 
into  his  hands,  and  he  shall  keep  such  books  and  his  accounts  in 
such  manner  as  the  city  council  may  prescribe.  Such  warrants, 
books,  and  all  papers  pertaining  to  his  office,  shall  at  all  times  be 


CITIES  AND  VILLAGES. 


31 


open  to  the  inspection  of  and  subject  to  the  examination  of  the 
mayor,  city  clerk,  any  member  of  the  council,  or  committee  thereof. 
He  shall  weekly,  or  oftener  if  required  by  the  council,  pay  over  to 
the  treasurer  all  moneys  collected  by  him  from  any  source  whatever, 
taking  such  treasurer’s  receipt  therefor,  which  receipt  he  shall  im- 
mediately file  with  the  city  clerk ; but  the  city  clerk  shall,  at  the  time, 
or  on  demand,  give  such  tax  collector  a copy  of  any  such  receipt  so 
filed. 

101.  Shall  Report,  etc. — Publication1.]  § 14.  He  shall  make 
a report,  in  writing,  to  the  council,  or  any  officer  designated  by  the 
council,  of  all  moneys  collected  by  him,  the  account  whereon  col- 
lected, or  of  any  other  matter  in  connection  with  his  office,  when 
required  bv  the  council  or  by  any  ordinance  of  the  city.  He  shall 
also,  annually,  between  the  first  and  tenth  of  April,  file  with  the  clerk 
a statement  of  all  the  moneys  collected  by  him  during  the  year,  the 
particular  warrant,  special  assessment  or  account  on  which  collected, 
the  balance  of  moneys  uncollected  on  all  warrants  in  his  hands,  and 
the  balance  remaining  uncollected  at  the  time  of  the  return  on  all 
warrants  which  he  shall  have  returned,  during  the  preceding  fiscal 
year,  to  the  city  clerk.  The  city  clerk  shall  publish  or  post  the  same, 
as  hereinbefore  required  to  be  done  in  regard  to  the  annual  report  of 
the  treasurer.  [See  § 97.] 

102.  Not  to  Detain  Money — Penalty.]  § 15.  The  collector 
is  hereby  expressly  prohibited  from  keeping  the  moneys  of  the  city  in 
his  hands,  or  in  the  hands  of  any  person  or  corporation,  to  his  use, 
beyond  the  time  which  may  be  prescribed  for  the  payment  of  the 
same  to  the  treasurer,  and  any  violation  of  this  provision  will  subject 
him  to  immediate  removal  from  office. 

103.  Examination  of  Books — Paying  Over.]  § 16.  All  the 
city  collector’s  papers,  books,  warrants  and  vouchers  maybe  examined 
at  any  time  by  the  mayor  or  clerk,  or  any  member  of  the  city  coun- 
cil ; and  the  collector  shall  every  two  weeks,  or  oftener  if  the  city 
council  shall  so  direct,  pay  over  all  money  collected  by  him  from  any 
person  or  persons,  or  associations,  to  the  treasurer,  taking  his  receipt 
therefor  in  duplicate,  one  of  which  receipts  he  shall  at  once  file  in 
the  office  of  the  clerk. 


CITY  COMPTROLLER. 

104.  His  Powers  and  Duties.]  § 17.  The  city  comptroller  (if 
there  shall  be  any  city  comptroller  appointed,  if  not,  then  the  clerk) 
shall  exercise  a general  supervision  over  all  the  officers  of  the  corpo- 
ration charged  in  any  manner  with  the  receipt,  collection  or  disburse- 
ment of  corporation  revenues,  and  the  collection  and  return  of  all 
such  revenues  into  the  treasury.  He  shall  have  the  charge,  custody 
and  control  of  all  deeds,  leases,  warrants,  vouchers,  books  and  papers 


32 


CITIES  AND  VILLAGES. 


of  any  kind,  the  custody  and  control  of  which  is  not  herein  given  to» 
any  other  officers;  and  he  shall,  on  or  before  the  fifteenth  day  of 
May,  in  each  year,  and  before  the  annual  appropriations  to  be  made 
by  the  city  council  or  the  board  of  trustees,  submit  to  the  city  coun- 
cil or  board  of  trustees  a report  of  his  estimates,  as  nearly  as  may  be, 
of  moneys  necessary  to  defray  the  expenses  of  the  corporation  during 
the  current  fiscal  year.  He  shall,  in  said  report,  class  the  different 
objects  and  branches  of  expenditures,  giving,  as  nearly  as  may  be, 
the  amount  required  for  each ; and  for  the  purpose  of  making  such 
report,  he  is  authorized  to  require  of  all  officers  their  statement  of 
the  condition  and  expenses  of  their  respective  offices  or  departments, 
with  any  proposed  improvements  and  the  probable  expense  thereof, 
all  contracts  made  and  unfinished,  and  the  amount  of  any  and  all 
unexpended  appropriations  of  the  preceding  year.  He  shall,  in  such 
report,  show  the  aggregate  income  of  the  preceding  fiscal  year,  from 
all  sources,  the  amount  of  liabilities  outstanding  upon  which  interest 
is  to  be  paid,  the  bonds  and  debts  payable  during  the  year,  when  due 
and  when  payable ; and  in  such  report  he  shall  give  such  other  in- 
formation to  the  council  or  board  of  trustees  as  he  may  deem  neces- 
sary, to  the  end  that  the  city  council  or  board  of  trustees  may  fully 
understand  the  money  exigencies  and  demands  upon  the  corporation 
for  the  current  year. 

105.  Council  May  Define  Duties,  etc.]  § 18.  When  there 
shall  be  appointed  in  any  city  a comptroller,  the  city  council  may,  by 
ordinance  or  resolution,  confer  upon  him  such  powers,  and  provide 
for  the  performance  of  such  duties  by  him,  as  the  city  council  shall 
deem  necessary  and  proper;  and  all  the  provisions  of  this  act  relating 
to  the  duties  of  city  clerk,  or  the  powers  of  city  clerk  in  connection 
with  the  finances,  the  treasurer  and  collector,  or  the  receipt  and  dis- 
bursements of  the  moneys  of  such  city,  shall  be  exercised  and  per- 
formed by  such  comptroller,  if  one  there  shall  be  appointed ; and  to 
that  end  and  purpose,  wherever  in  this  act  heretofore  the  word  “clerk’" 
is  used,  it  shall  be  held  to  mean  “comptroller;”  and  wherever  the 
“clerk’s  office”  is  referred  to,  it  shall  be  held  to  mean  “comptroller’s 
office  0 

106.  Record  of  Bonds  Issued  by  City.]  § 19.  The  comp- 
troller, when  there  shall  be  a comptroller,  and  if  not,  then  the  clerk, 
shall  keep  in  his  office,  in  a book  or  books  kept  expressly  for  that 
purpose,  a correct  list  of  all  the  outstanding  bonds  of  the  city,  show- 
ing the  number  and  amount  of  each,  for  and  to  whom  the  said  bonds 
are  issued  ; and  when  any  city  bonds  are  purchased,  or  paid,  or  can- 
celed, said  book  or  books  shall  show  the  fact;  and  in  his  annual  re- 
port he  shall  describe,  particularly,  the  bonds  sold  during  the  year, 
and  the  terms  of  sale,  with  each  and  every  item  of  expense  thereof. 


CITIES  AND  VILLAGES, 


33 


GENERAL  PROVISIONS. 

107.  Further  Duties  May  be  Required,  etc.]  § 20.  The  col- 
lector and  treasurer,  and  all  other  officers  connected  with  the  receipt 
and  expenditure  of  money,  shall  perform  such  other  duties,  and  be 
subject  to  such  other  rules  and  regulations  as  the  city  council  or  board 
of  trustees  may,  from  time  to  time,  by  ordinance,  provide  and  estab- 
lish. 

108.  Appeal  to  Finance  Committee.]  § 21.  In  the  adjust- 
ment of  the  accounts  of  the  collector  or  treasurer  with  the  clerk  (or 
comptroller  if  there  be  one),  there  shall  be  an  appeal  to  the  finance 
committee  of  the  council  or  board  of  trustees,  whose  decision  in  all 
matters  of  controversy  arising  between  said  officers  shall  be  binding, 
unless  the  city  council  or  board  of  trustees  shall  otherwise  direct  and 
provide. 

109.  Who  May  Appoint  Subordinates,  etc.]  § 22.  The  comp- 
troller (if  there  shall  be  one),  the  clerk,  treasurer  and  collector,  shall, 
severally,  appoint  such  various  clerks  and  subordinates  in  their  respec- 
tive offices  as  the  city  council  or  board  of  trustees  may  authorize,  and 
shall  be  held,  severally,  responsible  for  the  fidelity  of  all  persons  so 
appointed  by  them. 

no.  Foreign  Insurance  Companies,  etc.]  § 23.  All  corpo- 
rations, companies  or  associations  not  incorporated  under  the  laws  of 
this  state,  engaged  in  any  city  in  effecting  fire  insurance,  shall  pay  to 
the  treasurer  the  sum  of  $ 2 upon  the  $100  of  the  net  receipts  by  their 
agency  in  such  city,  and  at  that  rate  upon  the  amount  of  all  premiums 
which,  during  the  half  year  ending  on  every  first  day  of  July  and 
January,  shall  have  been  received  for  any  insurance  effected  or  agreed 
to  be  effected  in  the  city  or  village,  by  or  with  such  corporations, 
companies  or  associations,  respectively.  Every  person  who  shall  act 
in  any  city  or  village  as  agent,  or  otherwise,  for  or  on  behalf  of  any 
such  corporation,  company  or  association,  shall,  on  or  before  the 
fifteenth  day  of  July  and  January,  in  each  year,  render  to  the  comp- 
troller (if  any  there  be,  if  not,  to  the  clerk),  a full,  true  and  just 
account,  verified  by  his  oath,  of  all  premiums  which,  during  the  half 
year  ending  on  every  first  day  of  July  and  January  preceding  such 
report,  shall  have  been  received  by  him,  or  any  other  person  for  him, 
in  behalf  of  any  such  corporation,  company  or  association,  and  shall 
specify  in  said  account  the  amounts  received  for  fire  insurance.  Such 
agents  shall  also  pay  over  to  the  treasurer,  at  the  time  of  rendering 
the  aforesaid  account,  the  amount  of  rates  for  which  the  company  or 
companies  represented  by  them  are  severally  chargeable  by  virtue 
hereof.  If  such  account  be  not  rendered  on  or  before  the  day  herein- 
after designated  for  that  purpose,  or  if  the  said  rates  shall  remain  un- 
paid after  that  day,  it  shall  be  unlawful  for  any  corporation,  company 
or  association  so  in  default  to  transact  any  business  of  insurance  in 
any  such  city  or  village,  until  the  said  requisitions  shall  have  been 


34 


CITIES  AND  VILLAGES. 


fully  complied  with ; but  this  provision  shall  not  relieve  any  company 
from  the  payment  of  any  risk  that  may  be  taken  in  violation  hereof. 
Any  person  or  persons  violating  any  of  the  provisions  of  this  section 
shall  be  subject  to  indictment,  and  upon  conviction  thereof,  in  any 
court  of  competent  jurisdiction,  shall  be  fined  in  any  sum  not  exceed- 
ing $1,000,  or  imprisoned  not  exceeding  six  months,  or  both,  in  the 
discretion  of  the  court.  Said  rates  may  also  be  recovered  of  such 
corporation,  company  or  association,  or  its  agent,  by  action  in  the 
name  and  for  the  use  of  any  such  city  or  village,  as  for  money  had 
and  received  for  its  use : Provided , that  this  section  shall  only  ap- 

ply to  such  cities  and  villages  as  have  an  organized  fire  department, 
or  maintain  some  organization  for  the  prevention  of  fires. 

ARTICLE  VIII. 

OF  THE  ASSESSMENT  AND  COLLECTION  OF  TAXES. 

Section.  Section. 

1.  Ordinance  levying  tax — limitation.  4.  When  tax  levied  for  particular  pur- 

2.  Manner  of  collecting.  pose. 

3.  Time  of  paying  over.  5.  Tax  to  be  uniform. 

hi.  Ordinance  Levying  Tax — Limitation.]  § i.  The  city 
council  in  cities,  and  board  of  trustees  in  villages,  may  assess  and  col- 
lect taxes  for  corporate  purposes,  in  the  following  manner  : The  city 

council  or  board  of  trustees,  as  the  case  may  be,  shall,  on  or  before 
the  third  (3d)  Tuesday  in  September , in  each  year,  ascertain  the  total 
amount  of  appropriations  for  all  corporate  purposes,  legally  made, 
and  to  be  collected  from  the  tax  levy  of  that  fiscal  year ; and  by  an 
ordinance,  specifying  in  detail  the  purposes  for  which  such  appropria- 
tions are  made,  and  the  sum  or  amount  appropriated  for  each  pur- 
pose, respectively,  levy  the  amount  so  ascertained  upon  all  the 
property  subject  to  taxation  within  the  city  or  village,  as  the  same  is 
assessed  and  equalized  for  state  and  county  purposes  for  the  current 
year.  A certified  copy  of  such  ordinance  shall  be  filed  with  the 
county  clerk  of  the  proper  county,  whose  duty  it  shall  be  to  ascertain 
the  rate  per  cent,  which,  upon  the  total  valuation  of  all  property  sub- 
ject to  taxation  within  the  city  or  village,  as  the  same  is  assessed  and 
equalized  for  state  and  county  purposes,  will  produce  a net  amount 
not  less  than  the  amount  so  directed  to  be  levied;  and  it  shall  be  the 
duty  of  the  county  clerk  to  extend  such  tax,  in  a separate  column, 
upon  the  book  or  books  of  the  collector  or  collectors  of  state  and 
county  taxes  within  such  city  or  village : Provided,  the  aggregate 

amount  of  taxes  levied  for  any  one  (1)  year,  exclusive  of  the  amount 
levied  for  the  payment  of  bonded  indebtedness  or  the  interest  thereon, 
shall  not  exceed  the  rate  of  two  (2)  per  centum  upon  the  aggregate 
valuation  of  all  property  within  such  city  or  village,  subject  to  tax- 
ation therein,  as  the  same  was  equalized  for  state  and  county  taxes  of 
the  preceding  year.  [As  amended  laws  1879.] 


CITIES  AND  VILLAGES. 


35 


1 1 2 . Manner  of  Collecting.]  § 2.  The  tax  so  assessed  shall 
be  collected  and  enforced  in  the  same  manner  and  by  the  same  officers 
as  state  and  county  taxes,  and  shall  be  paid  over  by  the  officers  col- 
lecting the  same  to  the  treasurer  of  the  city  or  village. 

1 13.  Time  of  Paying  Over.]  § 3.  It  shall  be  the  duty  of 
the  officer  collecting  such  tax  to  settle  with  and  pay  over  to  such 
treasurer,  as  often  as  once  in  two  weeks  from  the  time  he  shall  com- 
mence the  collection  thereof,  all  such  taxes  as  he  shall  then  have  col- 
lected, till  the  whole  tax  collected  shall  have  been  paid  over. 

1 14.  When  Tax  Levied  for  Particular  Purpose.  § 4. 
Whenever  any  city  or  village  is  required  to  levy  a tax  for  the  pay- 
ment of  any  particular  debt,  appropriation  or  liability  of  the  same, 
the  tax  for  such  purpose  shall  be  included  in  the  total  amount  assessed 
by  the  city  council  or  board  of  trustees,  and  certified  to  the  county 
clerk  as  aforesaid ; but  the  city  council  or  board  of  trustees  shall  de- 
termine, in  the  ordinance  making  such  assessment,  what  proportion 
of  such  total  amount  shall  be  applicable  to  the  payment  of  such  par- 
ticular debt,  appropriation  or  liability ; and  the  city  or  village  treas- 
urer shall  set  apart  such  proportion  of  the  tax  collected  and  paid  to 
him  for  the  payment  of  such  particular  debt,  appropriation  or  liability, 
and  shall  not  disburse  the  same  for  any  other  purpose  until  such  debt, 
appropriation  or  liability  shall  have  been  discharged. 

1 15.  Tax  to  be  Uniform.]  § 5.  All  taxes  levied  or  assessed 
by  any  city  or  village,  except  special  assessments  for  local  improve- 
ments, shall  be  uniform  upon  all  taxable  property  and  persons  within 
the  limits  of  the  city,  and  no  property  shall  be  exempt  therefrom  other 
than  such  property  as  may  be  exempt  from  taxation  under  the  con- 
stitution and  general  laws  of  the  state. 


36 


CITIES  AND  VILLAGES. 


ARTICLE  IX. 


SPECIAL  ASSESSMENTS  FOR  LOCAL  IMPROVEMENTS. 


Section. 

1.  Powers  conferred. 

2.  Ordinance  for  improvement. 

3.  When  property  is  to  be  taken. 

4.  Petition. 

5.  Form  of  petition. 

6.  Summons — publication — notice. 

7.  Hearing — jury. 

8.  Jury  to  ascertain  compensation — ad- 

mitting other  parties. 

9.  Viewing  premises — ownership,  etc. 

10.  J udgment — new  parties — further  pro- 

ceedings. 

11.  Powers  of  court. 

12.  Ownership — further  powers  of  court. 

13.  Persons  under  disability. 

14.  Judgment — effect — appeal,  etc. 

15.  Order  for  possession. 

16.  When  improvement  made  by  gen- 

eral tax. 

17.  Special  taxation. 

SPECIAL  ASSESSMENT. 

18.  How  made. 

19.  Ordinance  for — sidewalks — owner’s 

rights. 

20.  Estimate  of  cost. 

21.  Order  for  proceedings  in  court. 

22.  Petition  in  court. 

23.  Appointment  of  commissioners  — 

oath. 

24.  Duty  of  commissioners. 

25.  Assessment  roll — return  of  roll. 

26.  Notice  by  mail,  posting  and  publica- 

tion. 

27.  Proof  of  notice. 

28.  Continuance  when  notice  not  in  time. 


Section. 

29.  Objections — judgment  by  default. 

30.  Hearing — jury. 

31.  Precedence. 

32.  Court  may  modify,  etc.,  the  assess- 

ment. 

33.  Judgment  several  — appeal,  etc. — 

lien. 

34.  Judgment  certified  to  city  clerk — 

filing — warrant. 

35.  Form  of  warrant. 

36.  Collector’s  notice — form  of. 

37.  Manner  of  collecting — entry  of  pay- 

ment. 

38.  Report  of  delinquent  list  to  county 

collector — evidence — defense. 

39.  Application  for  judgment — what  laws 

govern. 

40.  Return  of  sales — redemption. 

41.  Penalty  when  lands  are  sold  for 

tax,  etc. 

42.  Paying  over — compensation. 

43.  General  revenue  laws  apply. 

44.  Ci:y  or  village  may  buy  in. 

45.  When  assessments  set  aside — new 

assessment. 

46.  Supplemental  assessments. 

47.  New  assessments  against  delinquents 

— lien — limitation. 

48.  Contracts  payable  from  assessments. 

49.  How  contracts  let — approval. 

50.  Lien. 

51.  Collection  of  assessment  by  suit. 

52.  Supplemental  petition  to  assess  bene- 

fits in  condemnation  cases. 

53.  Adoption  of  this  article. 


ii 6.  Powers  Conferred.]  § 1.  That  the  corporate  authori- 
ties of  cities  and  villages  are  hereby  vested  with  power  to  make  local 
improvements  by  special  assessment  or  by  special  taxation,  or  both, 
of  contiguous  property,  or  general  taxation,  or  otherwise,  as  they 
shall  by  ordinance  prescribe. 


117.  Ordinance  for  Improvement.]  § 2.  When  any  such 
city  or  village  shall,  by  ordinance,  provide  for  the  making  of  any 
local  improvement,  it  shall,  by  the  same  ordinance,  prescribe  whether 
the  same  shall  be  made  by  special  assessment,  or  by  special  taxation 
of  contiguous  property,  or  general  taxation,  or  both. 

1 18.  When  Property  is  to  be  Taken.]  § 3.  Should  said 
ordinance  provide  for  improvements  which  require  the  taking  or  dam- 
aging of  property,  the  proceeding  for  making  just  compensation  there- 
for shall  be  as  follows  : 


CITIES  AND  VILLAGES. 


37 


119.  Petition.]  § 4.  Whenever  any  such  ordinance  shall  be 
passed  by  the  legislative  authority  of  any  such  city  or  village,  for  the 
making  of  any  improvement  mentioned  in  the  first  section  of  this  act, 
or  any  other  local  improvement  that  such  city  or  village  is  authorized 
to  make,  the  making  of  which  will  require  that  private  property  be 
taken  or  damaged  for  public  use,  such  city  or  village  shall  file  a 
petition  in  some  court  of  record  of  the  county  in  which  such  city  is 
situated,  in  the  name  of  the  city,  praying  that  “the  just  compensa- 
tion to  be  made  for  private  property  to  be  taken  or  damaged  for  the 
improvement  or  purpose  specified  in  such  ordinance  shall  be  ascer- 
tained by  a jury.” 

120.  Form  of  Petition.]  § 5.  Such  petition  shall  contain  a 
copy  of  the  said  ordinance,  certified  b>  the  clerk,  under  the  corporate 
seal;  a reasonably  accurate  description  of  the  lots,  parcels  of  land 
and  property  which  will  be  taken  or  damaged,  and  the  names  of  the 
owners  or  occupants  thereof,  so  far  as  known  to  the  board  or  officer 
filing  the  petition,  and  where  any  known  owners  are  non-residents  of 
the  state,  stating  the  fact  of  such  non-residence. 

1 21.  Summons — Publication,  etc.]  § 6.  Upon  the  filing  of 
' the  petition  aforesaid,  a summons,  which  may  be  made  returnable 

upon  any  day  in  term  time,  shall  be  issued  and  served  upon  the  per- 
sons made  parties  defendant,  as  in  cases  in  chancery.  And  in  case 
any  of  them  are  unknown,  or  reside  out  of  this  state,  the  clerk  of  the 
court,  upon  an  affidavit  being  filed  showing  such  fact,  shall  cause  pub- 
lication to  be  made  in  some  newspaper  printed  in  his  county,  or,  if 
there  be  no  newspaper  published  in  his  county,  then  in  some  news- 
paper published  in  this  state,  containing  notice  of  the  pendency  of 
such  proceeding,  the  parties  thereto,  the  title  of  the  court,  and  the 
time  and  place  of  the  return  of  the  summons  in  the  case,  and  the 
nature  of  said  proceeding ; such  publication  to  be  made  for  four 
weeks  consecutively,  at  least  once  in  each  week,  the  first  of  which 
shall  be  at  least  thirty  days  before  the  return  day  of  such  summons. 
Notices  so  given  by  publication  shall  be  sufficient  to  authorize  the 
court  to  hear  and  determine  the  suit,  as  though  all  parties  had  been 
sued  by  their  proper  names  and  had  been  personally  served.  [As 
amended  by  act  approved  and  in  force  March  30,  1874.] 

122.  Hearing — Jury.]  § 7.  Upon  the  return  of  said  sum- 
mons, or  as  soon  thereafter  as  the  business  of  the  court  will  permit, 
the  said  court  shall  proceed  to  the  hearing  of  such  petition,  and  shall 
impanel  a jury  to  ascertain  the  just  compensation  to  be  paid  to  all 
of  such  owners  and  occupants  aforesaid ; but  if  any  defendant  or 
party  in  interest  shall  demand,  or  the  court  shall  deem  it  proper, 
separate  juries  may  be  impaneled  as  to  the  compensation  or  damages 
to  be  paid  to  any  one  or  more  of  such  defendants  or  parties  in  inter- 
est. [As  amended  by  act  approved  and  in  force  March  30,  1874  ] 


f 


38 


CITIES  AND  VILLAGES. 


123.  Jury  to  Ascertain  Compensation,  etc.]  § 8.  Such 

jury  shall  also  ascertain  the  just  compensation  to  be  paid  to  any  per- 
son claiming  an  intersest  in  any  lot,  parcel  of  land  or  property  which 
may  be  taken  or  damaged  by  such  improvement,  whether  or  not  such 
person’s  name,  or  such  lot,  parcel  of  land,  or  other  property,  is  men- 
tioned or  described  in  such  petition : Provided , such  person  shall 

first  be  admitted  as  a party  defendant  to  said  suit  by  such  court,  and 
shall  file  a statement  of  his  interest  in  and  description  of  the  lot, 
parcel  of  land,  or  other  property  in  respect  to  which  he  claims  com- 
pensation. 

124.  Viewing  Premises — Ownership,  etc.]  § 9.  The  court 
may  upon  the  motion  of  such  city  or  village,  or  of  any  person  claim- 
ing any  such  compensation,  direct  that  said  jury  (under  the  charge  of 
an  officer  of  the  court)  shall  view  the  premises  which  it  is  claimed  by 
any  party  to  said  proceeding  will  be  taken  or  damaged  by  said  im- 
provement, and  in  any  case,  where  there  is  no  satisfactory  evidence 
given  to  the  jury  as  to  the  ownership  of,  or  as  to  the  extent  of  the 
interest  of  any  defendant  in  the  property  to  be  taken  or  damaged,  the 
jury  may  return  their  verdict  as  to  the  compensation  or  damage  to  be 
paid  for  the  property  or  part  of  property  to  be  taken  or  damaged,  and 
for  the  entire  interest  therein.  [As  amended  by  act  approved  and  in 
force  March  30,  1874.] 

125.  Judgment — New  Parties,  etc.]  § 10.  Upon  the  re- 
turn of  such  verdict,  the  court  shall  order  the  same  to  be  recorded, 
and  shall  enter  such  judgment  or  decree  thereon  as  the  nature  of  the 
case  may  require.  The  court  shall  continue  to  adjourn  the  cause, 
from  time  to  time,  as  to  all  occupants  and  owners  named  in  such 
petition  who  shall  not  have  been  served  with  process,  or  brought  in 
by  publication,  and  shall  order  a new  summons  to  issue  and  new  pub- 
lication to  be  made ; and  upon  such  occupants  or  owners  being 
brought  into  court,  shall  impanel  a jury  to  ascertain  the  compensa- 
tion so  to  be  paid  to  such  defendant  or  defendants,  for  private  prop- 
erty taken  or  damaged ; and  like  proceedings  shall  be  had  for  such 
purpose  as  hereinbefore  provided  for  the  ascertaining  of  compensa- 
tion to  other  owners. 

126.  Powers  of  Court.]  § n.  The  court  shall  have  power, 
at  any  time,  upon  proof  that  any  such  owner  or  owners  named  in 
such  petition,  who  has  not  been  served  with  process,  has  ceased  to  be 
such  owner  or  owners  since  the  filing  of  such  petition,  to  impanel  a 
jury  and  ascertain  the  just  compensation  to  be  made  for  the  property 
(or  the  damage  thereto)  which  had  been  owned  by  the  person  or  per- 
sons so  ceasing  to  own  the  same;  and  the  court  may,  upon  any  find- 
ing or  findings  of  any  jury  or  juries,  or  at  any  time  during  the  course 
of  such  proceedings,  enter  such  order,  rule,  judgment  or  decree  as 
the  nature  of  the  case  may  require. 

127.  Ownership — Further  Powers  of  Court.]  § 12.  No 


CITIES  AND  VILLAGES. 


39 


delay  in  making  an  assessment  of  compensation  shall  be  occasioned 
by  any  doubt  or  contest  which  may  arise  as  to  the  ownership  of  the 
property,  or  any  part  thereof,  or  as  to  the  interests  of  the  respective 
owners  or  claimants,  but  in  such  case  the  court  may  impanel  a jury 
and  ascertain  the  entire  compensation  or  damage  that  should  be  paid 
for  the  property,  or  part  of  property,  and  the  entire  interests  of  all 
parties  therein,  and  may  require  adverse  claimants  to  interplead  so  as 
to  fully  determine  their  rights  and  interests  in  the  compensation  so 
ascertained.  And  the  court  may  make  such  order  as  may  be  neces- 
sary in  regard  to  the  deposit  or  payment  of  such  compensation. 

128.  Persons  Under  Disability.]  § 13.  When  it  shall  ap- 
pear, from  said  petition  or  otherwise,  at  any  time  during  the  pro- 
ceedings upon  such  petition,  that  any  infant,  or  insane  or  distracted 
person,  is  interested  in  any  property  that  is  to  be  taken  or  damaged, 
the  court  shall  appoint  a guardian,  ad  litem , for  such  infant  or  insane 
or  distracted  person,  to  appear  and  defend  for  him,  her  or  them;  and 
the  court  shall  make  such  order  or  decree  as  it  shall  deem  proper  to 
protect  and  secure  the  interest  of  such  infant,  or  insane  or  distracted 
person,  in  such  property,  or  the  compensation  which  shall  be  awarded 
therefor. 

129.  Judgment — Effect — Appeal,  etc.]  § 14.  Any  final 
judgment  or  judgments,  rendered  by  said  court,  upon  any  finding  or 
findings  of  any  jury  or  juries,  shall  be  a lawful  and  sufficient  con- 
demnation of  the  land  or  property  to  be  taken  upon  the  payment  of 
the  amount  of  such  finding  as  hereinafter  provided.  It  shall  be  final 
and  conclusive  as  to  the  damage  caused  by  such  improvement,  unless 
such  judgment  or  judgments  shall  be  appealed  from ; but  no  appeal 
or  writ  of  error  upon  the  same  shall  delay  proceedings  under  said 
ordinance,  if  such  city  or  village  shall  deposit,  as  directed  by  the 
court,  the  amount  of  the  judgment  and  costs,  and  shall  file  a bond  in 
the  court  in  which  such  judgment  was  rendered,  in  a sum  to  be  fixed 
and  with  security  to  be  approved  by  the  judge  of  said  court,  which 
shall  secure  the  payment  of  any  future  compensation  which  may  at 
any  time  be  finally  awarded  to  such  party  so  appealing  or  suing  out 
such  writ  of  error,  and  his  or  her  costs. 

130.  Order  for  Possession.]  § 15.  The  court,  upon  proof 
that  said  just  compensation  so  found  by  the  jury  has  been  paid  to  the 
person  entitled  thereto,  or  has  been  deposited  as  directed  by  the 
court  (and  bond  given  in  case  of  any  appeal  or  writ  of  error),  shall 
enter  an  order  that  the  city  or  village  shall  have  the  right,  at  any 
time  thereafter,  to  take  possession  of  or  damage  the  property,  in 
respect  to  which  such  compensation  shall  have  been  so  paid  or 
deposited,  as  aforesaid. 

131.  When  Improvement  Made,  etc.]  § 16.  When  the 
ordinance  under  which  said  improvement  is  ordered  to  be  made  shall 
provide  that  such  improvement  shall  be  made  by  general  taxation,  the 


40 


CITIES  AND  VILLAGES. 


cost  of  such  improvement  shall  be  added  to  the  general  appropriation 
bill  of  such  city  or  village,  and  shall  be  levied  and  collected  with  and 
as  a part  of  the  general  taxes  of  such  city  or  village. 

132.  Special  Taxation.]  § 17.  When  said  ordinance  under 
which  said  local  improvement  shall  be  ordered  shall  provide  that  such 
improvement  shall  be  made  by  special  taxation  of  contiguous  prop- 
erty, the  same  shall  be  levied,  assessed  and  collected  in  the  way 
provided  in  the  sections  of  this  act  providing  for  the  mode  of  making, 
levying,  assessing  and  collecting  special  assessments. 


SPECIAL  ASSESSMENT. 

133.  How  Made.]  § 18.  When  the  ordinance  under  which 
said  local  improvement  is  ordered  to  be  made  shall  provide  that  such 
improvement  shall  be  wholly  or  in  part  made  by  special  assessment, 
the  proceedings  for  the  making  such  special  assessment  shall  be  in 
accordance  with  the  sections  of  this  act  [article]  from  18  to  51, 
inclusive. 

134.  Ordinance  for — Sidewalks,  etc.  § 19.  Whenever 

such  local  improvements  are  to  be  made  wholly  or  in  part  by  special 
assessment,  the  said  council  in  cities,  or  board  of  trustees  in  villages, 
shall  pass  an  ordinance  to  that  effect,  specifying  therein  the  nature, 
character,  locality  and  description  of  such  improvement:  Provided , 

that  whenever  any  such  ordinance  shall  provide  only  for  the  building 
or  renewing  of  any  sidewalk,  the  owner  of  any  lot  or  piece  of  land 
fronting  on  such  sidewalk  shall  be  allowed  fifteen  days  after  the  time 
at  which  such  ordinance  shall  take  effect  in  which  to  build  or  renew 
such  sidewalk  opposite  his  land,  and  thereby  relieve  the  same  from 
assessment : Provided , that  the  work  so  to  be  done  shall  in  all 

respects  conform  to  the  requirements  of  such  ordinance.  [See  § 62, 
item  7,  and  § 259-264.] 

135.  Estimate  of  Cost.]  § 20.  The  city  council  or  board  of 
trustees  shall  appoint  three  of  its  members,  or  any  other  three  com- 
petent persons,  who  shall  make  an  estimate  of  the  cost  of  the  im- 
provement contemplated  by  such  ordinance,  including  labor,  materials 
and  all  other  expenses  attending  the  same,  and  the  cost  of  making 
and  levying  the  assessment,  and  shall  report  the  same  in  writing  to 
said  city  council  or  board  of  trustees. 

136.  Order  for  Proceedings  in  Court.]  § 21.  On  such 
report  being  made,  and  approved  by  the  council  or  board  of  trustees, 
as  the  case  may  be,  it  may  order  a petition  to  be  filed  by  such  officer 
as  it  shall  direct,  in  the  county  court  of  its  county,  for  proceedings 
to  assess  the  cost  of  such  improvement  in  the  manner  provided  in 
this  act. 

137.  Petition  to  Court.]  § 22.  The  petition  shall  be  in  the 


CITIES  AND  VILLAGES. 


41 


name  of  the  corporation,  and  shall  recite  the  ordinance  for  the  pro- 
posed improvement  and  the  report  of  such  commission,  and  shall  pray 
that  the  cost  of  such  improvement  may  be  assessed  in  the  manner 
prescribed  by  law. 

138.  Appointment  of  Commissioners — Oath.]  § 23.  Upon  the 
filing  of  such  petition  the  court  shall  appoint  three  competent  persons 
as  commissioners,  who  shall  take  and  subscribe  an  oath,  in  substance 
as  follows,  to-wit  : 

STATE  OF  ILLINOIS,) 

County,  j ss' 

We,  the  undersigned,  commissioners,  appointed  by  the  county  court  of 

county,  to  assess  the  ccst  of (here  state  in  general  terms  the  improvement), 

do  solemnly  swear  (or  affirm,  as  the  case  may  be),  that  we  will  a true  and  impartial 

assessment  make  of  the  cost  of  said  improvement  upon  the  city  (or  village)  of , 

and  the  property  benefited  by  such  improvement,  to  the  best  of  our  ability,  and  ac- 
cording to  law. 

139.  Duty  of  Commissioners.]  § 24.  It  shall  be  the  duty  of 

such  commissioners  to  examine  the  locality  where  the  improvement  is 
proposed  to  be  made,  and  the  lots,  blocks,  tracts  and  parcels  of  land 
that  will  be  specially  benefitted  thereby,  and  to  estimate  what  pro- 
portion of  the  total  cost  of  such  improvement  will  be  of  benefit  to 
the  public,  and  what  proportion  thereof  will  be  of  benefit  to  the 
property  to  be  benefitted,  and  apportion  the  same  between  the  city 
or  village  and  such  property,  so  that  each  shall  bear  its  relative  equit- 
able proportion  ; and  having  found  said  amounts,  to  apportion  and 
assess  the  amount  so  found  to  be  of  benefit  to  the  property  upon  the 
several  lots,  blocks,  tracts  and  parcels  of  land  in  the  proportion  in 
which  they  will  be  severally  benefitted  by  such  improvement : Pro- 

vided, that  no  lot,  block,  tract  or  parcel  of  land  shall  be  assessed  a 
greater  amount  than  it  will  be  actually  benefitted  : And,  provided, 

further , that  it  shall  not  be  necessary  for  said  commissioners  to  ex- 
amine the  locality  except  where  the  ordinance  provides  for  the  open- 
ing, widening  or  improvement  of  streets  and  alleys.  [As  amended 
by  act  approved  and  in  force  March  30,  1874.] 

[§  25,  repealed  by  act  approved  April  25,  1873.] 

140.  Assessment  Roll — Return.]  § 26.  They  shall  also  make 
or  cause  to  be  made  an  assessment  roll,  in  which  shall  appear  the  names 
of  the  owners,  so  far  as  known,  a description  of  each  lot, 
block,  tract  or  parcel  of  land,  and  the  amount  assessed  as  special 
benefits  thereto,  and  in  which  they  shall  set  down  as  against  the  city 
or  village  the  amount  they  shall  have  found  as  public  benefit,  and 
certify  such  assessment  roll  to  the  court  by  which  they  were  appointed, 
at  least  ten  days  before  the  first  day  of  the  term  at  which  a final 
hearing  thereon  shall  be  had.  [As  amended  by  act  approved  and  in 
force  March  30,  1874.] 

1 41.  Notice  by  Mail — Posting,  etc.]  § 27.  It  shall  also  be 


42 


CITIES  AND  VILLAGES. 


the  duty  of  such  commissioners  to  give  notice  of  such  assessment, 
and  of  the  term  of  court  at  which  a final  hearing  thereon  will  be 
had,  in  the  following  manner: 

First — They  shall  send  by  mail  to  each  owner  of  premises  assessed, 
whose  name  and  place  of  residence  is  known  to  them,  a notice,  sub- 
stantially in  the  following  form  : 


Mr : Your  (here  give  a short  description  of  the  premises)  is  as- 
sessed $ for  public  improvement.  The  assessment  roll  will  be  returned  to 


the term  of  the  county  court  of county. 

(Here  give  date.)  

Commissioners. 

Second — They  shall  cause  at  least  ten  days’  notice  to  be  given,  by 
posting  notices  in  at  least  four  public  places  in  such  city  or  village, 
two  of  which  shall  be  in  the  neighborhood  of  such  proposed  improve- 
ment; and  when  a daily  newspaper  is  published  in  such  city  or  vil- 
lage, by  publishing  the  same  at  least  five  successive  days  in  such  daily 
newspaper,  or  if  no  daily  newspaper  is  published  in  such  city  or  vil- 
lage, and  a weekly  newspaper  is  published  therein,  then  at  least  once 
in  each  week,  for  two  successive  weeks,  in  such  weekly  newspaper,  or 
if  no  daily  or  weekly  newspaper  is  published  in  such  city  or  village, 
then  in  a newspaper  published  in  the  county  in  which  such  city  or 
village  is  situated.  The  notice  may  be  substantially  as  follows: 
SPECIAL  ASSESSMENT  NOTICE. 

Notice  is  hereby  given  to  all  persons  interested,  that  the  city  council  (or  board  of 
trustees,  as  the  case  maybe),  of having  ordered  that  (here  insert  descrip- 

tion and  nature  of  improvements  substantially  as  in  ordinance,)  have  applied  to  the 

county  court  of ;. county  for  an  assessment  of  the  cost  of  said  improvements, 

according  to  the  benefits  ; and  an  assessment  thereof  having  been  made  and  returned 

to  said  court,  the  final  hearing  thereon  will  be  had  at  the term  of  said  court, 

commencing  on  the day  of A.  D.  18....  All  persons  desiring  may  then 

and  there  appear  and  make  their  defense. 

(Here  give  date.)  

Commissioners. 

[As  amended  by  act  approved  April  25,  1873  > force  July  1,  1873.] 

142.  Proof  of  Notice.]  § 28.  On  or  before  the  final  hearing, 
the  affidavit  of  one  or  more  of  the  commissioners  shall  be  filed 
in  said  court,  stating  that  they  have  sent  or  caused  to  be  sent  by 
mail,  to  the  owners  whose  premises  have  been  assessed,  and 
whose  name  and  place  of  residence  are  known  to  them, 
the  notice  hereinbefore  required  to  be  sent  by  mail  to  owners  of 
premises  assessed.  They  shall  also  cause  to  be  filed  the  affidavit  of 
the  person  who  shall  have  posted  the  notices  required  by  this  act  to  be 
posted,  setting  forth  when  and  in  what  manner  the  same  were  posted. 
Such  affidavits  shall  be  received  as  prima  facie  evidence  of  a com- 


CITIES  AND  VILLAGES. 


43 


pliance  with  this  act  in  regard  to  giving  such  notices.  They  shall 
also  file  a certificate  of  publication  of  said  notice  in  like  manner  as  is 
required  in  other  cases  of  publication  of  notices.  [As  amended  by 
act  approved  April  25,  1873;  in  force  July  i,  1873.] 

143.  Continuance  When  Notice  not  in  Time.]  § 29.  If  ten 
days  shall  not  have  elapsed  between  the  first  publication  or  the  put- 
ting up  of  such  notices  and  the  first  day  of  the  next  term  of  such 
court,  the  hearing  shall  be  continued  until  the  next  term  of  court. 

144.  Objections — Judgment  by  Default.]  § 30.  Any  per- 
son interested  in  any  real  estate  to  be  effected  by  such  assessment,  may 
appear  and  file  objections  to  such  report,  and  the  court  may  make 
such  order  in  regard  to  the  time  of  filing  such  objections  as  may  be 
made  in  cases  at  law  in  regard  to  the  time  of  filing  pleas.  As  to  all 
lots,  blocks,  tracts  and  parcels  of  land  to  the  assessment  of  which 
objections  are  not  filed  within  the  time  ordered  by  the  court,  default 
may  be  entered,  and  the  assessment  confirmed  by  the  court. 

145.  Hearing — Jury.]  § 31.  On  the  hearing,  the  report  of  the 
commissioners  shall  be  competent  evidence,  and  either  party  may 
introduce  such  other  evidence  as  may  tend  to  establish  the  right  of 
the  matter.  The  hearing  shall  be  conducted  as  in  other  cases  at  law, 
and  if  it  shall  appear  that  the  premises  of  the  objector  are  assessed 
more  or  less  than  they  will  be  benefitted,  or  more  or  less  than  their 
proportionate  share  of  the  cost  of  the  improvement,  the  jury  shall  so 
find,  and  also  find  the  amount  for  which  such  premises  ought  to  be 
assessed,  and  judgment  shall  be  rendered  accordingly. 

146.  Precedence.]  § 32.  The  hearing  in  all  cases  arising 
under  this  act  shall  have  precedence  over  all  other  cases  in  such  court, 
except  criminal  cases. 

147.  Court  May  Modify,  etc.]  § 33.  The  court  before 
which  any  such  proceeding  may  be  pending,  shall  have  authority,  at 
any  time  before  final  adjournment  [judgment],  to  modify,  alter, 
change,  annul  or  confirm  any  assessment  returned,  as  aforesaid,  or 
cause  any  such  assessment  to  be  recast  by  the  same  commissioners 
whenever  it  shall  be  necessary  for  the  attainment  of  justice,  or  may 
appoint  other  commissioners  in  the  place  of  all  or  any  of  the  com- 
missioners first  appointed,  for  the  purpose  of  making  such  assessment, 
or  modifying,  altering,  changing  or  recasting  the  same,  and  may  take 
all  such  proceedings  and  make  all  such  orders  as  may  be  necessary  to 
make  a true  and  just  assessment  of  the  cost  of  such  improvement 
according  to  the  principles  of  this  act,  and  may  from  time  to  time,  as 
may  be  necessary,  continue  the  application  for  that  purpose  as  to  the 
whole  or  any  part  of  the  premises. 

148.  Judgment  Several — Appeal,  etc.]  § 34.  The  judg- 
ment of  the  court  shall  have  the  effect  of  a several  judgment  as  to 
each  tract  or  parcel  of  land  assessed,  and  any  appeal  from  such  judg- 


44 


CITIES  AND  VILLAGES. 


ment  or  writ  of  error  shall  not  invalidate  or  delay  the  judgment, 
except  as  to  the  property  concerning  which  the  appeal  or  writ  or  error 
is  taken.  Such  judgment  shall  be  a lien  upon  the  property  assessed, 
from  the  date  thereof  until  payment  shall  be  made. 

149.  Judgment  Certified  to  City  Clerk,  etc.]  § 35.  The 
clerk  of  the  court  in  which  such  judgment  is  rendered  shall  certify  the 
assessment  roll  and  judgment  to  the  clerk  of  such  city  or  village,  or 
if  there  has  been  an  appeal  or  writ  of  error  taken  on  any  part  of  such 
judgment,  then  he  shall  certify  such  part  of  the  judgment  as  is  not 
included  in  such  appeal  or  writ  of  error.  The  clerk  of  the  city  or 
village  shall  file  such  certificate  in  his  office,  and  issue  a warrant  for 
the  collection  of  such  assessment. 

150.  Form  of  Warrant.]  § 36.  The  warrant  in  all  cases  of 
assessment  under  this  act  shall  contain  a copy  of  such  certificate  of 
the  judgment,  describing  the  lots,  blocks,  tracts  or  parcels  of  land 
assessed,  and  the  respective  amounts  assessed  on  each  lot,  block,  tract 
or  parcel  of  land,  and  shall  be  delivered  to  the  officer  authorized  to 
collect  such  special  assessments.  Such  warrant  shall  give  sufficient 
authority  to  collect  the  assessments  therein  specified. 

15 1.  Collector’s  Notice — Form  of.]  § 37.  The  collector 
receiving  such  warrant  shall  immediately  give  notice  thereof  by  pub- 
lishing such  notice  in  one  or  more  newspapers  in  such  city  or  village, 
if  such  newspaper  is  there;  and  if  there  is  no  such  newspaper,  then 
by  posting  four  copies  thereof  in  public  places  along  the  line  of  the 
proposed  improvement.  Such  notice  may  be  substantially  in  the  fol- 
lowing form : 

SPECIAL  ASSESSMENT  NOTICE— SPECIAL  WARRANT  NO.— 

Public  notice  is  hereby  given  that  the  (here  insert  title  of  court)  has  rendered 
judgment  for  a special  assessment  upon  property  benefitted  by  the  following  improve- 
ment (here  insert  the  character  and  location  of  the  improvement  in  general  terms)  as 
w'ill  more  fully  appear  from  the  certified  copy  of  the  judgment  on  file  in  the  office  of 

the  clerk  of  the  city  (or  village)  of ; that  a warrant  for  the  collection  of  such 

assessments  is  in  the  hands  of  the  undersigned.  All  persons  interested  are  hereby 
notified  tu  call  and  pay  the  amounts  assessed,  at  the  collector’s  office,  (here  insert 
location  of  office)  within  thirty  days  from  the  date  hereof. 

Dated  this day  of A.  D.  18 

Collector. 

152.  Manner  of  Collecting,  etc.]  § 38.  It  shall  be  the 
duty  of  the  collector  into  whose  hands  the  warrant  shall  so  come,  as 
far  as  practicable,  to  call  upon  all  persons  resident  within  the  corpo- 
ration whose  names  appear  on  the  assessment  roll,  or  the  occupants 
of  the  property  assessed,  and  personally,  or  by  written  or  printed 
notice  left  at  his  or  her  usual  place  of  abode,  inform  them  of  such 
assessment,  and  request  payment  of  the  same.  Any  such  collector 
omitting  so  to  do  shall  be  liable  to  a penalty  of  #10  for  every  such 


CITIES  AND  VILLAGES, 


45 


omission,  but  the  validity  of  the  special  assessment,  or  the  right  to 
apply  for  and  obtain  judgment  for  any  such  special  [assessment,]  shall 
not  be  affected  by  such  omission.  It  shall  be  the  duty  of  such  col- 
lector to  write  the  word  “paid”  opposite  each  tract  or  lot  on  which 
the  assessment  is  paid,  together  with  the  name  and  post  office  address 
of  the  person  making  the  payment,  and  date  of  payment. 

153.  Report  of  Delinquent  List,  etc.]  § 39.  It  shall  be 
the  duty  of  the  collector  of  special  assessments,  within  such  time  as 
the  city  council  or  board  of  trustees  may  by  oidinance  provide,  to 
make  a report  in  writing — to  the  general  officer  of  the  county  author- 
ized, or  to  be  designated  by  the  general  revenue  law  of  this  state,  to 
apply  for  judgment  and  sell  lands  for  taxes  due  the  county  and 
state — of  all  the  lands,  town  lots  and  real  property  on  which  he  shall 
have  been  unable  to  collect  special  assessments,  with  the  amount  of 
special  assessments  due  and  unpaid  thereon,  together  with  his  war- 
rant, or  with  a brief  description  of  the  nature  of  the  warrant  or 
warrants  received  by  him  authorizing  the  collection  thereof;  which 
report  shall  be  accompanied  with  the  oath  of  the  collector  that  the 
list  is  a correct  return  and  report  of  the  lands,  town  lots  and  real 
property  on  which  the  special  assessments  levied  by  authority  of  the 

city  of (or  village  of , as  the  case  may  be),  remain  due 

and  unpaid;  that  he  is  unable  to  collect  the  same  or  any  part  thereof, 
and  that  he  has  given  the  notice  required  by  law  that  said  warrants 
had  been  received  by  him  for  collection.  Said  report,,  when  so  made, 
shall  be  prima  facie  evidence  that  all  the  forms  and  requirements  of 
the  law  in  relation  to  making  said  return  have  been  complied  with, 
and  that  the  special  assessments  mentioned  in  said  report  are  due 
and  unpaid.  And,  upon  the  application  for  judgment  upon  such 
assessments,  no  defense  or  objection  shall  be  made  or  heard  which 
might  have  been  interposed  in  the  proceedings  for  the  making  of  such 
assessment,  or  the  application  for  the  confirmation  thereof. 

154.  Application  for  Judgment,  etc.]  §40.  When  said  gen- 
eral officer  shall  receive  the  report  provided  for  in  the  preceding  sec- 
tion, he  shall  proceed  to  obtain  judgment  against  said  lots, 
parcels  of  land  and  property  for  said  special  assessments  remaining 
due  and  unpaid,  at  the  same  time  and  in  the  same  manner  as  is  or 
may  be  by  law  provided  for  obtaining  judgment  against  lands  for 
taxes  due  and  unpaid  the  county  and  state ; and  shall  in  the  same 
manner  proceed  to  sell  the  same  for  the  said  special  assessments 
remaining  due  and  unpaid.  In  obtaining  said  judgment  and  making 
said  sale,  the  said  officers  shall  be  governed  by  the  general  revenue 
laws  of  this  state,  except  when  otherwise  provided  herein.  No  ap- 
plication for  judgment  against  lands  for  unpaid  special  assessments 
shall  be  made  at  a time  different  from  the  annual  application  for 
judgment  against  lands,  upon  which  general  taxes  remain  due  and 
unpaid.  The  application  for  judgment  upon  delinquent  special  as- 


46 


CITIES  AND  VILLAGES. 


sessments  in  each  year,  shall  include  only  such  special  assessments 
as  shall  have  been  returned  as  delinquent  to  the  county  collector,  on 
or  before  the  first  day  of  April,  in  the  year  in  which  such  application 
is  made.  [As  amended  by  laws  of  1883.] 

155.  Return  of  Sales — Redemption.]  § 41.  After  making 
said  sales,  the  list  of  lots,  parcels  of  land  and  property  sold  thereat 
shall  be  returned  to  the  office  of  the  county  clerk,  and  redemption 
may  be  made  as  provided  for  by  the  general  revenue  law  of  this 
state. 

156.  Penalty  When  Lands  are  Sold  for  Taxes,  etc.]  § 42.  If 
the  collector  shall  receive  any  moneys  for  taxes  or  assessments,  giv- 
ing a receipt  therefor  for  any  land  or  parcel  of  land,  and  afterwards 
return  the  same  as  unpaid  to  the  state  officers  authorized  to  sell 
lands  for  taxes,  or  shall  receive  the  same  after  making  such  return, 
and  the  same  be  sold  for  tax  or  assessment  which  has  been  so  paid 
and  receipted  for  by  himself  or  his  clerks,  he  and  his  bond  shall  be 
liable  to  the  holder  of  the  certificate  given  to  the  purchasers  at  the 
sale,  for  double  the  amount  of  the  face  of  the  certificate,  to  be  de- 
manded in  two  years  from  the  date  of  the  sale,  and  recovered  in  any 
court  having  jurisdiction  of  the  amount ; and  the  city  or  village 
shall,  in  no  case,  be  liable  to  the  holder  of  such  certificate. 

157.  Paying  Over — Compensation.]  § 43.  The  collector  or 
collectors,  and  the  general  officer  aforesaid,  to  whom  the  said  war- 
rant shall  be  returned,  shall  pay  over  to  the  city  or  village  treasurer 
to  which  it  shall  belong  all  moneys  collected  by  them,  respectively, 
upon  or  by  virtue  of  such  warrant,  or  upon  any  sale  for  taxes  or 
otherwise,  at  such  time  or  times,  and  in  such  manner  as  shall  be 
prescribed  by  ordinance,  and  shall  be  allowed  such  compensation  for 
their  seivices  in  the  collection  of  such  assessment  as  the  ordinances 
of  the  city  or  village  may  provide,  except  when  such  compensation 
is  fixed  by  general  law. 

158.  General  Revenue  Laws  Apply.]  § 44.  The  general  rev- 
enue laws  of  this  state,  in  reference  to  proceedings  to  recover  judg- 
ments for  delinquent  taxes,  the  sale  of  property  thereon,  the  execu- 
tion of  certificates  of  sale  and  deeds  thereon,  the  force  and  effect  of 
such  sales  and  deeds,  and  all  other  laws  in  relation  to  the  enforce- 
ment and  collection  of  taxes  and  redemption  from  tax  sales,  except 
as  herein  otherwise  provided,  shall  be  applicable  to  proceedings  to 
collect  such  special  assessment. 

159.  City  or  Village  May  Buy  in.]  § 45.  Any  city  or  vil- 
lage interested  in  the  collection  of  any  tax  or  special  assessment, 
may  become  a purchaser  at  any  sale  of  real  or  personal  property  to 
enforce  the  collection  of  the  same,  and  may,  by  ordinance,  authorize 
and  make  it  the  duty  of  one  or  more  city  or  village  officers  to  attend 
such  sales,  and  bid  thereat  in  behalf  of  the  corporation. 


CITIES  AND  VILLAGES. 


47 


160.  When  Assessments  Set  Aside,  etc.]  §46.  If  any  assess- 
ment shall  be  annulled  by  the  city  council  or  board  of  trustees,  or  set 
aside  by  any  court,  a new  assessment  may  be  made  and  returned, 
and  like  notice  given  and  proceedings  had,  as  herein  required  in  rela- 
tion to  the  first;  and  all  parties  in  interest  shall  have  the  like  rights, 
and  the  city  council  or  board  of  trustees  and  court  shall  perform  like 
duties  and  have  like  power  in  relation  to  any  subsequent  assessment, 
as  are  hereby  given  in  relation  to  the  first  assessment. 

161.  Supplemental  Assessments.]  § 47.  If,  in  any  case, 
the  first  assessment  prove  insufficient,  a second  may  be  made  in  the 
same  manner,  as  nearly  as  may  be,  and  so  on,  until  sufficient  moneys 
shall  have  been  realized  to  pay  for  such  public  improvement.  If  too 
large  a sum  shall,  at  any  time,  be  raised,  the  excess  shall  be  refunded 
ratably  to  those  by  whom  it  was  paid. 

162.  New  Assessments  Against  Delinquents,  etc.]  § 48. 
If,  from  any  cause,  any  city  or  village  shall  fail  to  collect  the  whole 
or  any  portion  of  any  special  assessment  which  may  be  levied,  which 
shall  not  be  canceled  and  set  aside  by  the  order  of  any  court,  for  any 
public  improvement  authorized  to  be  made  and  paid  for  by  special 
assessment,  the  city  council  or  board  of  trustees  may,  at  any  time 
within  five  years  after  the  confirmation  of  the  original  assessment, 
direct  a new  assessment  to  be  made  upon  the  delinquent  property  for 
the  amount  of  such  deficiency,  and  interest  thereon  from  the  date  of 
such  original  assessment — which  assessment  shall  be  made,  as  near  as 
may  be,  in  the  same  manner  as  is  herein  prescribed  for  the  first  assess- 
ment. In  all  cases  where  partial  payment  shall  have  been  made  on 
such  former  assessment,  they  shall  be  credited  or  allowed  on  the  new 
assessment  to  the  property  for  which  they  were  made,  so  that  the 
assessment  shall,  be  equal  and  impartial  in  its  results.  If  such  new 
assessment  prove  ineffectual,  either  in  whole  or  in  part,  the  city  coun- 
cil or  board  of  trustees  may,  at  any  time  within  said  period  of  five 
years,  order  a third,  and  so  on,  to  be  levied  in  the  same  manner  and 
for  the  same  purpose ; and  it  shall  constitute  no  legal  objection  to 
such  assessment  that  the  property  may  have  changed  hands,  or  been 
encumbered,  subsequent  to  the  date  of  the  original  assessment,  it 
being  the  true  intent  and  meaning  of  this  section  to  make  the  cost 
and  expense  of  all  public  improvements,  to  be  paid  for  by  a special 
assessment,  a charge  upon  the  property  assessed  therefor,  for  the  full 
period  of  five  years,  from  the  confirmation  of  the  original  assessment, 
and  for  such  longer  period  as  may  be  required  to  collect,  in  due 
course  of  law,  any  new  assessment  ordered  within  that  period. 

163.  Contracts  Payable  from  Assessments.]  § 49.  All 
persons  taking  any  contracts  with  the  city  or  village,  and  who  agree 
to  be  paid  from  special  assessments,  shall  have  no  claim  or  lien  upon 
the  city  or  village  in  any  event,  except  fVom  the  collections  of  the 
special  assessments  made  for  the  work  contracted  for. 


48 


CITIES  AND  VILLAGES. 


164.  How  Contracts  Let — Approval.]  § 50.  All  contracts 

for  the  making  of  any  public  improvement,  to  be  paid  for  in  whole 
or  in  part  by  a special  assessment,  and  any  work  or  other  public  im- 
provement, when  the  expense  thereof  shall  exceed  $500,  shall  be  let 
to  the  lowest  responsible  bidder,  in  the  manner  to  be  prescribed  by 
ordinance — such  contracts  to  be  approved  by  the  mayor  or  president 
of  the  board  of  trustees : Provided , however , any  such  contract  may 

be  entered  into  by  the  proper  officer  without  advertising  for  bids,  and 
without  such  approval,  by  a vote  of  two-thirds  of  all  the  aldermen  or 
trustees  elected. 

165.  Lien.]  § 51.  All  special  assessments  levied  by  any  city  or 
village  under  this  act,  shall,  from  the  date  of  assessment,  be  a lien 
upon  the  real  estate  upon  which  the  same  may  be  imposed,  and  such 
lien  shall  continue  until  such  special  assessments  are  paid.  And  the 
same  proceedings  may  be  resorted  to  by  the  collector,  upon  any  war- 
rant or  order  issued  or  made  for  the  collection  of  special  assessments, 
as  in  the  case  of  the  collection  of  state  and  county  taxes  under  the 
general  laws  of  the  state. 

166.  Collection  of  Assessment  by  Suit.]  § 52.  At  any 
time  after  the  same  becomes  due,  it  shall  and  may  be  lawful  for  any 
collector  thereof  to  commence  suit  in  any  court  of  record,  in  the 
corporate  name  of  such  city  or  village,  against  any  person  or  persons, 
for  the  total  amount  of  special  assessments  which  such  person  or  per- 
sons are  liable  for  the  payment  of.  Such  suit  shall  be  commenced  by 
petition,  and  shall  state  the  several  amounts  of  the  special  assessments 
sought  to  be  recovered  and  give  a general  description  of  the  warrant 
or  warrants  issued  for  the  collection  thereof.  Upon  the  filing  of  the 
petition  a summons  shall  be  issued,  served  and  returned  as  in  other 
suits  in  such  court.  Upon  the  return  of  such  summons,  duly  served, 
the  court  shall  forthwith  proceed  to  the  hearing  of  said  petition  with- 
out formal  pleadings,  and  may  render  judgment  for  all  or  any  part  of 
the  special  assessments,  as  the  right  and  justice  of  the  case  may  re- 
quire. The  original,  or  a certified  copy  (by  the  clerk,  under  the  cor- 
porate seal,)  of  such  warrant  or  warrants  and  list  or  lists,  or  so  much 
thereof  as  refers  to  the  special  assessments  to  be  recovered,  shall  be 
privia  facie  evidence  of  the  right  of  said  collector  to  a judgment  in 
favor  of  such  corporation.  Execution  shall  issue  on  such  judgment 
as  in  other  cases,  but  such  execution  may  be  first  levied  upon  and 
collected  from  any  personal  property  of  the  defendant ; or  the  court, 
in  which  such  proceedings  were  had,  may,  upon  complaint  of  the  city 
or  village,  issue  a scire  facias  against  the  person  or  persons  liable  for 
such  payment,  to  show  cause  why  execution  should  not  be  issued 
against  him  or  them  for  the  amount  of  such  assessment ; and  if,  upon 
the  return  of  such  scire  facias , good  cause  is  not  shown  why  execu- 
tion should  be  issued,  the  court  may  award  execution  against  such 
person  or  persons  in  the  usual  form  of  execution  upon  judgment  at  law. 


CITIES  AND  VILLAGES. 


49 


167.  Supplemental  Petition  to  Assess,  etc.]  § 53.  When- 
ever any  city  or  village  shall  apply  to  any  court  for  the  purpose  of 
making  just  compensation  for  property  taken  or  damaged  by  such 
proceedings  as  are  authorized  by  this  act,  such  city  or  village  may  file 
in  the  same  proceeding  a supplemental  petition,  praying  the  court  to 
cause  that  an  assessment  be  made  for  the  purpose  of  raising  the 
amount  necessary  to  pay  the  compensation  and  damages  which  may 
be  or  shall  have  been  awarded  for  the  property  taken  or  damaged, 
with  the  costs  of  the  proceeding.  The  said  court  shall  have  power, 
at  any  time  after  any  such  supplemental  petition  shall  have  been 
filed,  to  appoint  three  commissioners  to  make  such  assessment,  and  to 
ascertain,  as  near  as  may  be,  the  costs  incurred  to  the  time  of  such 
appointment,  and  the  probable  further  costs  of  the  proceedings,  in- 
cluding therein  the  estimated  costs  of  making  and  collecting  such 
assessment,  and  shall  direct  such  costs  to  be  included  by  such  com- 
missioners in  making  said  assessment.  Like  proceedings  in  making 
said  assessment  shall  be  had,  and  the  assessment  shall  be  made,  col- 
lected and  enforced  in  the  same  manner,  as  near  as  may  be,  as  is 
provided  in  this  article  in  other  cases.  [As  amended  by  act  approved 
and  in  force  March  30,  1874.] 

168.  Adoption  of  this  Article.].  £ 54.  Any  city  or  incor- 
porated town  or  village  may,  if  it  shall  so  determine  by  ordinance, 
adopt  the  provisions  of  this  artice  without  adopting  the  whole  of  this 
act ; and  where  it  shall  have  so  adopted  this  article,  it  shall  have  the 
right  to  take  all  proceedings  in  this  article  provided  for,  and  have  the 
benefit  of  all  the  provisions  hereof. 


ARTICLE  X. 

(MISCELLANEOUS  PROVISIONS)— WATER. 

Section.  Section. 

1.  Water — bprrow  money.  5.  Maps — approval  of. 

2.  Acquiring  property  for  water  works — 6.  Inhabitants  competent  as  jurors,  etc. 

jurisdiction  over.  7.  Population — censu5. 

3.  Regulations — rates — taxation,  etc.  8.  Municipal  year. 

4.  Tax-payer  may  enforce  rights  in  9.  City  or  village  need  not  give  appeal 

name  of  city,  etc.  bond. 

169.  Water — Borrow  Money.]  § i.  The  city  council  or 
board  of  trustees  shall  have  the  power  to  provide  for  a supply  of  wa- 
ter by  the  boring  and  sinking  of  artesian  wells,  or  by  the  construction 
and  regulation  of  wells,  pumps,  cisterns,  reservoirs  or  water  works, 
and  to  borrow  money  therefor,  and  to  authorize  any  person  or  private 
corporation  to  construct  and  maintain  the  same  at  such  rates  as  may 
be  fixed  by  ordinance,  and  for  a period  not  exceeding  thirty  years ; 
also  to  prevent  the  unnecessary  waste  of  water;  to  prevent  the  pol- 


50 


CITIES  AND  VILLAGES. 


lution  of  the  water,  and  injuries  to  such  wells,  pumps,  cisterns,  reser- 
voirs, or  water  works.  [See  § 230-239.] 

170.  Acquiring  Property  for  Water  Works,  etc.]  § 2.  For 
the  purpose  of  establishing  or  supplying  water  works,  any  city  or  village 
may  go  beyond  its  territorial  limits,  and  may  take,  hold  and  acquire 
property  by  purchase  or  otherwise;  shall  have  power  to  take  and  con- 
demn all  necessary  lands  or  property  therefor,  in  the  manner  provided 
for  the  taking  or  injuring  private  property  for  public  uses;  and  the 
jurisdiction  of  the  city  or  village  to  prevent  or  punish  any  pollution  or 
injury  to  the  stream  or  source  of  water,  or  to  such  water  works,  shall 
extend  five  miles  beyond  its  corporate  limits,  or  so  far  as  such  water 
works  may  extend.  [See  § 232.] 

1 71.  Regulations — Rates — Taxation,  etc.]  § 3 The  city 
council  or  board  of  trustees  shall  have  power  to  make  all  needful 
rules  and  regulations  concerning  the  use  of  water  supplied  by  the 
water  works  of  said  city  or  village,  and  to  do  all  acts  and  make  such 
rules  and  regulations  for  the  construction,  completion,  management 
or  control  of  the  water  works,  and  for  the  levying  and  collecting  of 
any  water  taxes,  rates  or  assessments,  as  the  said  city  council  or  board 
of  trustees  may  deem  necessary  and  expedient ; and  such  water  taxes, 
rents,  rates  or  assessments  may  be  levied  or  assessed  upon  any  lot  or 
parcel  of  ground,  having  a building  or  buildings  thereon,  which  shall 
abut  or  join  any  street,  avenue  or  alley  in  such  city  or  village  through 
which  the  distributing  pipes  of  such  water  works  (if  any)  of  said  city 
or  village  are  or  may  be  laid,  which  can  be  conveniently  supplied 
with  water  from  said  pipes : Provided , [whether]  the  water  shall  be 
used  on  such  lot  or  parcel  of  ground  or  not ; and  the  same,  when  so 
levied  or  assessed,  shall  become  a continuing  lien  or  charge  upon  such 
lot  or  parcel  of  ground,  building  or  buildings,  situated  thereon, 
and  such  lien  or  charge  may  be  collected  or  enforced  in  such  manner 
as  the  city  council  may,  by  ordinance  prescribe.  And  the  corporate 
authorities  may  levy  a general  tax  for  the  construction  and  mainten- 
ance of  such  water  works,  and  appropriate  money  therefor. 

172.  Tax-Payers  May  Enforce  Rights,  etc.]  § 4.  A suit 

may  be  brought  by  any  tax  payer,  in  the  name  and  for  the  benefit  of 
the  city  or  village,  against  any  person  or  corporation,  to  recover  any 
money  or  property  belonging  to  the  city  or  village,  or  for  an>  money 
which  may  have  been  paid,  expended,  or  released  without  authority 
of  law  : Provided,  that  such  tax-payer  shall  file  a bond  for  all  costs, 

and  be  liable  for  all  costs  in  case  the  city  or  village  be  cast  in  the 
suit,  and  judgment  shall  be  rendered  accordingly. 

173.  Maps — Approval  of.]  § 5.  The  city  council  or  board 
of  trustees  shall  have  power  to  provide,  by  ordinance,  that  any  map, 
plat  or  subdivision  of  any  block,  lot,  sub-lot,  or  part  thereof,  or  of 
any  piece  or  parcel  of  land,  shall  be  submitted  to  the  city  council  or 
board  of  trustees,  or  to  some  officer  to  be  designated  by  such  council 


CITIES  AND  VILLAGES. 


51 


or  board  of  trustees,  for  their  or  his  approval ; and  in  such  cases  no 
such  map,  plat  or  subdivision  shall  be  entitled  to  record  in  the  proper 
county,  or  have  any  validity  until  it  shall  have  been  so  approved. 

174.  Inhabitants  Competent  as  Jurors,  etc.]  § 6.  No 
person  shall  be  an  incompetent  judge,  justice  or  juror,  by  reason  of 
his  being  an  inhabitant  or  freeholder  in  said  city  or  village,  in  any 
action  or  proceeding  in  which  said  city  or  village  may  be  a party  in 
interest. 

175.  Population — Census.]  § 7.  Whenever  in  this  act  any 
provision  thereof  is  based  upon  the  number  of  inhabitants,  [the  num- 
ber of  inhabitants]  of  the  city  or  village  shall  be  determined  by 
reference  to  the  latest  census  taken  by  authority  of  the  United  States 
or  this  state,  or  of  such  city  or  village ; and  it  shall  be  the  duty  of 
the  secretary  of  state,  upon  the  publication  of  any  state  or  United 
States  census,  to  certify  to  each  city  or  village  the  number  of  inhab- 
itants, as  shown  by  such  census.  Any  city  or  village  may,  by  ordi- 
nance, provide  for  the  taking  of  a census  of  the  population  thereof, 
in  order  to  determine  the  number  of  such  population  for  any  and  all 
purposes  of  this  act.  And  the  several  courts  in  this  state  shall  take 
judicial  notice  of  the  population  of  any  city  or  village,  as  the  same 
may  appear  from  the  latest  federal,  state,  city  or  village  census  so 
taken. 

176.  Municipal  Year.]  § 8.  The  term  “municipal  year” 
shall  be  construed  to  mean  the  period  elapsing  between  the  regular 
annual  election,  unless  otherwise  provided  by  ordinance. 

177.  City  or  Village  Need  Not  Give  Appeal  Bond.]  §'  9. 
When  in  any  suit  the  city  or  village  prays  an  appeal  from  the  judg- 
ment of  any  court  of  this  state  to  a higher  court,  it  shall  not  be 
required  to  furnish  an  appeal  bond. 

Note— [From  $177  to  $194  the  incorporation  act  applies  to  villages  alone.] 


FERRIES  AND  BRIDGES. 

AN  ACT  to  enable  cities  and  villages  to  build,  acquire  and  maintain  bridges  and  ferries 
outside  of  their  corporate  limits  and  to  control  the  same.  Approved  and  in  force 
May  5,  1879. 

194.  Bridges — Ferries — Limits — Toll.]  § 1.  That  it  shall 
be  lawful  for  any  city  or  village  within  this  state  to  build,  or  acquire 
by  purchase,  lease  or  gift,  and  to  maintain  ferries  and  bridges,  and 
the  approaches  thereto,  for  each  ferry  or  bridge  within  the  corporate 
limits,  or  at  any  point  within  five  (5)  miles  of  the  corporate  limits  of 
such  city  or  village.  That  all  such  ferries  and  bridges  shall  be  free  to 
the  public  and  no  toll  shall  ever  be  collected  by  any  such  city  or  vil- 
lage authority : Provided , that  where  any  city  or  village  has  become 


52 


CITIES  AND  VILLAGES. 


or  is  the  owner  of  any  toll  bridges  or  ferries,  and  is  keeping  up  and 
maintaining  the  same  by  authority  of  law,  all  ownership  and  rights 
vested  in  such  city  or  village  shall  continue  in  and  be  held  and  exer- 
cised by  them,  and  they  may  from  time  to  time  fix  the  rates  of  toll 
on  such  bridges  and  ferries : 

And,  provided,  further,  that  in  all  cases  where  a bridge  shall  here- 
after be  built,  or  ferry  acquired  across  a navigable  stream  by  any  city 
or  village,  in  whole  or  in  part,  where  the  population  of  such  city  or 
village  furnishing  the  principal  part  of  the  expenses  thereof  shall  not 
exceed  five  thousand  (5,000)  inhabitants,  and  where  it  is  necessary  to 
maintain  a draw  and  lights,  and  a debt  shall  be  incurred  by  such  city 
or  village  for  such  purpose,  then  a reasonable  toll  may  be  collected  by 
the  city  or  village  contracting  such  indebtedness,  to  be  set  apart  and 
appropriated  to  the  payment  of  such  indebtedness,  interest  thereon 
and  the  expenses  of  keeping  such  bridge  in  repair,  and  of  maintain- 
ing, opening  and  closing  the  proper  draws  therefor,  and  lights ; or  in 
case  of  a ferry,  of  keeping  the  approaches  and  boat  in  repair  and 
operating  the  same.  [As  amended  by  act  approved  May  25,  1881  ; 
in  force  July  1,  1881.] 

194a.  Control  by  City.]  § 2.  Every  bridge  and  ferry  so 
owned  or  controlled  by  such  city  or  village,  and  the  approaches 
thereto,  when  outside  the  corporate  limits,  shall  be  subject  to  the 
municipal  control  and  ordinances  of  such  city  or  village,  the  same  to 
all  intents  and  purposes,  and  in  effect  as  though  such  bridge  or  ferry 
and  the  approaches  thereto,  were  situated  within  the  corporate  limits 
of  such  city  or  village,  and  in  such  case,  the  county  may  assist  in  the 
construction  of  said  bridge,  as  is  now  provided  by  law. 

194b.  Emergency.]  § 3.  Whereas,  Certain  cities  in  this  state, 
have  built  bridges  outside  of  their  corporate  limits,  over  which  they 
have  no  police  control ; therefore  an  emergency  exists,  and  this  act 
shall  be  in  force  from  and  after  its  passage. 


TRAVEL  ON  BRIDGES  IN  CITIES,  TOWNS,  ETC. 


AN  ACT  to  regulate  the  manner  of  travel  upon  bridges,  the  whole  or  a part  of  which 
are  owned  or  controlled  by  cities,  villages  and  towns  of  this  state,  and  to  provide 
for  the  enforcing  of  the  same.  Approved  and  in  force  May  13,  1879. 

194c.  Penalty  for  Fast  Driving,  etc.]  § 1.  Be  it  enacted 
by  the  People  of  the  State  of  Illinois,  represented  in  the  General  Assem- 
bly, That  whoever  shall  ride  or  drive  faster  than  a walk,  over  any 
bridge  in  this  state,  owned  or  controlled,  either  the  whole  or  a part 
thereof,  by  any  city,  village  or  town  of  this  state,  shall,  for  each 
offense,  be  fined  in  a sum  not  exceeding  ten  dollars  nor  less  than  one 


CITIES  AND  VILLAGES. 


53 


dollar,  Provided,  that  a notice  shall  be  posted  on  such  bridge,  warn- 
ing against  riding,  or  driving,  on  such  bridge  faster  than  a walk,  such 
fine  to  be  recovered,  with  costs,  before  any  justice  of  the  peace  or 
police  magistrate  of  the  county  where  the  offense  is  committed,  upon 
sworn  complaint  in  writing,  upon  which  a warrant  for  the  arrest  of 
the  offender  shall  issue,  and  it  shall  be  the  duty  of  every  constable  of 
the  county,  and  every  marshal,  policeman  and  police  constable,  and 
all  other  officers  of  such  city,  village  or  town,  owning  or  controlling 
the  whole  or  in  part  such  bridge,  having  the  power  to  make  arrests, 
whenever  aforesaid  offense  is  committed  in  the  view  of  such  officer  or 
officers,  to  forthwith  take  in  custody  the  person  or  persons  so  com- 
mitting aforesaid  offense,  and  bring  him  or  them  before  any  justice  of 
the  peace  or  police  magistrate  of  the  county,  to  be  dealt  with  accord- 
ing to  law,  and  such  officer  so  taking  in  custody  such  offender,  or  any 
officer  of  such  city,  village  or  town,  owning  or  controlling  the  whole 
or  a part  of  such  bridge  where  such  offense  is  committed,  may  make 
the  complaint  upon  which  warrant  shall  issue  against  the  offender, 
all  fines  collected  under  this  act,  shall  be  paid  into  the  common  school 
fund  of  the  county.  Whereas,  the  law  is  inadequate  for  the  pro- 
tection of  bridges  which  are  owned  or  controlled,  the  whole  or  a part 
thereof,  by  cities,  villages  and  towns  of  this  state,  therefore  an 
emergency  exists,  and  this  act  shall  take  effect  from  and  after  its 
passage. 


ANNEXING  AND  EXCLUDING  TERRITORY. 


AN  ACT  to  provide  for  annexing  and  excluding  territory  to  and  from  cities,  towns  and 
villages,  and  to  unite  cities,  towns  and  villages.  Approved  April  io,  1872 ; in  force 
July  1,  1872. 

Section.  Section. 


1.  Petition  to  be  annexed — annexing. 

2.  Annexing  one  corporation  to  another. 

3.  Proceeding  by  corporation  to  annex 

territory. 

4.  Notice  of  proceedings. 

5.  Objections  to  annexation — trial. 

6.  Finding — costs,  etc. 


7.  Proceedings  by  owners  to  be  annex- 

ed. 

8.  Proceedings  to  disconnect. 

9.  Map  and  ordinance  recorded. 

10.  School  districts  may  use  this  act. 

11.  Judicial  notice  of  change. 


195.  Petition  to  be  Annexed,  etc.]  § i.  Be  it  enacted  by 
the  People  of  the  State  of  Illinois,  represented  in  the  General  Assembly, 
That  on  petition,  in  writing,  signed  by  not  less  than  three-fourths  of 
the  legal  voters,  and  by  the  owners  of  not  less  than  three-fourths  (in 
value)  of  the  property  in  any  territory  contiguous  to  any  city  or  in- 
corporated village  or  town,  and  not  embraced  within  its  limits,  the 
city  council  or  board  of  trustees  of  said  city,  village  or  town  (as  the 
case  may  be)  may,  by  ordinance,  annex  such  territory  to  such  city, 
village  or  town,  upon  filing  a copy  of  such  ordinance,  with  an  ac- 


54 


CITIES  AND  VILLAGES. 


curate  map  of  the  territory  annexed  (duly  certified  by  the  mayor  of 
the  city  or  president  of  the  board  of  trustees  of  the  village  or  town), 
in  the  office  of  the  recorder  of  deeds  in  the  county  where  the  annexed 
territory  is  situated,  and  having  the  same  recorded  therein  : Provided , 
that  no  portion,  less  than  the  whole  of  an  incorporated  city,  town  or 
village,  shall  be  annexed  to  another  incorporated  city,  town  or  vil- 
lage, except  in  the  mode  provided  in  this  act  for  the  annexation  of  the 
whole  of  an  incorporated  city,  town  or  village,  to  another  city,  town 
or  village. 

196.  Annexing  one  Corporation  to  Another.]  § 2.  Any 

incorporated  city,  village  or  town  may  be  annexed  to  another  incor- 
porated city,  village  or  town,  by  ordinance  passed  by  a two-thirds 
vote  of  all  the  aldermen  or  trustees  elect  of  each  corporation  desiring 
annexation  : Provided , such  annexation  shall  not  affect  or  impair 

any  rights  or  liabilities  either  in  favor  of  or  against  such  corporations  ; 
and  suits  founded  upon  such  rights  and  liabilities  may  be  commenced, 
and  pending  suits  may  be  prosecuted  and  carried  to  final  judgments 
and  execution,  the  same  as  if  such  annexation  had  not  taken  place. 
In  making  such  annexation,  the  corporations  so  uniting  may,  by  ordi- 
nance, fix  the  terms  of  the  annexation,  which  shall  have  the  force  and 
effect  of  a binding  contract : Provided , however , that  no  such  ordi- 

nance shall  be  of  any  binding  force  or  effect  until  submitted  to  a vote 
of  the  legal  voters  of  such  city,  town  or  village,  at  a general  election 
thereof,  and  adopted  by  a majority  of  all  the  voters  voting  thereon  at 
such  election,  notice  of  which  shall  be  given  at  the  same  time  and  in 
the  same  manner  as  required  for  the  election  of  the  officers  of  such 
city,  town  or  village.  And , provided , also,  that  the  vote  shall  be  by 
ballot,  which  shall  be  “for  union  ordinance,”  or  “against  union 
ordinance,”  and  shall  be  received,  canvassed  and  returned  the  same 
as  ballots  for  municipal  officers  of  such  city,  town  or  village. 

197.  Proceeding  by  Corporation  to  Annex,  etc.]  § 3. 

When  any  incorporated  city,  village  or  town  shall  desire  to  annex 
any  contiguous  territory  thereto,  and  the  same  shall  not  have  been 
petitioned  for  as  provided  in  section  one  of  this  article,  it  shall  be 
lawful  for  the  city  council  or  board  of  trustees  of  such  city,  village  or 
town,  by  a two-thirds  vote  of  all  the  aldermen  or  trustees  elect,  by 
ordinance  or  resolution,  to  authorize  the  mayor  of  such  city  or  the 
president  of  the  board  of  trustees  of  such  village  or  town,  to  petition 
the  circuit  court  of  the  county  in  which  the  territory  desired  to  be 
annexed  or  a major  part  thereof  is  situated,  praying  such  annexation 
to  be  made.  The  petition  shall  contain  a copy  of  such  ordinance  or 
resolution,  and  an  accurate  map  of  the  territory  which  it  is  desired 
to  annex,  showing  all  such  subdivisions  that  shall  have  been  made 
therein.  Such  petition  shall  be  filed  with  the  clerk  of  the  court  at 
least  ten  days  before  the  first  day  of  the  term  at  which  it  is  proposed 
to  be  heard : Provided,  that  nothing  in  this  section  contained  shall 

authorize  said  petition  to  be  filed  unless  the  territory  so  sought  to  be 


CITIES  AND  VILLAGES. 


55 


annexed  (except  territory  intervening  between  a city  and  town,  or 
two  more  cities  or  towns,  desiring  to  become  united  under  this  act,) 
shall  contain  an  actual  resident  population  of  at  least  one  hundred 
and  fifty  inhabitants  to  each  section  or  fractional  part  of  a section  so 
sought  to  be  annexed — which  said  fact  shall  be  alleged  in  said  petition 
and  proved  on  the  hearing  thereof,  the  same  as  any  other  allegation 
in  said  petition. 

198.  Notice  of  Proceedings.]  § 4.  When  it  shall  be  deter- 
mined to  present  such  petition,  the  mayor  or  president  of  the  board 
of  trustees  (as  the  case  may  be)  shall  cause  notice  of  the  time  and 
place  where  and  when  the  petition  will  be  or  has  been  filed,  and  at 
what  term  of  court  the  hearing  thereof  will  be  had,  and  setting  fourth 
the  boundaries  or  a general  description  of  the  territory  proposed  to  be 
annexed — to  be  given  by  publication  at  least  once  in  each  week,  for 
two  successive  weeks,  in  some  newspaper  published  in  the  county 
where  the  petition  is  filed  or  to  be  filed  (or,  if  no  newspaper  is  pub- 
lished in  such  county,  then  in  the  nearest  newspaper  published  in  this 
state,)  and  by  posting  up  notices  at  least  fourteen  days  before  such 
time  of  hearing,  in  at  least  three  of  the  most  public  places  in  the 
territory  proposed  to  be  annexed,  and  a like  number  in  the  city,  vil- 
lage or  town  to  which  it  is  desired  to  annex  such  territory. 

199.  Objections  to  Annexation — Trial.]  § 5.  The  legal 
voters  resident  upon  the  territory  thus  proposed  to  be  annexed,  or  any 
of  them,  or  any  owner  of  land  therein,  or  any  voter  of  such  city, 
village  or  town,  may  appear  at  such  hearing  and  show  cause  why  such 
annexation  should  not  be  made ; and  the  court,  or  a jury  impaneled 
for  that  purpose  (no  member  of  the  jury  so  impaneled  shall  be  a resi- 
dent of  the  corporation  or  territory  to  be  annexed,  nor  of  the ‘town 
or  towns  in  which  said  corporation  or  territory  may  be  situated,)  shall 
hear  all  competent  evidence  that  may  be  offered  by  either  party;  and 
the  court  may  continue  the  hearing  from  time  to  time,  for  any  cause, 
and  make  all  proper  orders  in  regard  to  the  hearing,  giving  of  notices 
and  other  disposition  of  the  case. 

200.  Finding — Costs,  etc.]  § 6.  If,  upon  the  hearing,  the 
court  or  the  jury  shall  find  that  such  territory  ought  to  be  annexed  to 
such  city,  village  or  town,  and  can  so  be  done  without  injustice  to 
the  inhabitants  or  persons  interested,  the  court  shall  so  order.  If.  the 
court  or  jury  shall  find  against  the  petitioners,  the  petition  shall  be 
dismissed  at  the  cost  of  the  petitioners  ; and  no  subsequent  petition 
shall  be  presented  for  the  annexation  of  any  of  the  territory  embraced 
in  such  petition,  within  one  year  from  the  time  of  entering  such 
order  : Provided , that  new  trials  may  be  granted  as  in  other  jury 
cases. 

201.  Proceedings  by  Owners  to  be  Annexed.]  § 7.  When 
not  less  than  a majority  in  number  of  the  legal  voters  or  the 


56 


CITIES  AND  VILLAGES. 


owner  or  owners  of  any  tract  or  tracts  of  land,  contiguous  to  any 
incorporated  city,  village  or  town,  shall,  by  petition,  in  writing, 
signed  by  them,  and  filed  in  the  circuit  court  of  the  county  where 
such  territory  or  a major  part  thereof  is  situated,  pray  to  be  annexed 
to  such  city,  village  or  town,  the  like  proceedings  may  be  had  thereon, 
and  with  the  like  effect,  as  in  case  of  a petition  by  a city,  village  or 
town  : Provided , a copy  of  the  notice  required  to  be  given  shall  be 

left  with  the  mayor  of  such  city,  or  president  of  such  village  or  town, 
at  least  ten  days  before  such  petition  is  heard. 

202.  Proceedings  to  Disconnect.]  § 8.  Whenever  a ma- 

jority of  the  legal  voters  of  any  territory  within  any  city,  town  or 
village,  and  being  upon  the  border  and  within  the  boundary  thereof, 
shall  petition  the  circuit  court  of  the  county  in  which  such  city,  town 
or  village  is  situated,  praying  to  be  disconnected  therefrom,  such 
petition  shall  be  filed  with  the  clerk  of  the  court  at  least  ten  days 
before  the  first  day  of  the  term  at  which  it  is  proposed  to  be  heard, 
and  like  proceedings  shall  be  had  as  is  required  by  section  four,  five 
and  six  of  the  act  for  the  annexation  of  territory  to  such  city,  town 
or  village:  Provided,  that  the  provisions  of  this  section  shall  only 

apply  to  lands  not  laid  out  into  city  or  town  lots  or  blocks. 

203.  Map  and  Ordinance  Recorded.]  § 9.  When  any  territory 
is  annexed  to  any  city,  village  or  town,  as  provided  in  this  act,  it 
shall  be  the  duty  of  the  mayor  of  the  city,  or  the  president  of  the 
board  of  trustees  of  the  village  or  town,  (as  the  case  may  be,)  to  cause 
an  accurate  map  of  such  added  territory,  together  with  the  ordinance 
for  the  anexation,  certified  by  such  mayor,  and  if  a decree  or  order 
of  the  court  has  been  made  therefor,  a copy  of  the  same,  to  be  filed 
for  record  and  recorded  in  the  recorder’s  office  for  the  county  in 
which  such  added  territory  is  situated.  If  territory  is  disconnected 
or  excluded  from  any  city,  village  or  town,  a copy  of  the  ordinance 
or  decree  therefor  shall  be  so  filed  for  record  and  recorded. 

204.  School  Districts  May  Use  this  Act.]  § 10.  All  school 
districts,  and  other  corporations  incorporated  for  school  purposes, 
under  special  acts  of  the  legislature,  desiring  to  annex  or  disannex 
territory,  may  proceed  under  the  provisions  of  this  act. 

205.  Judicial  Notice  of  Change.]  § 11.  All  courts  in  this 
state  shall  take  judicial  notice  of  cities,  towns  and  villages,  and  of  the 
changes  of  their  territory,  made  under  the  provisions  of  this  act. 

AN  ACT  in  relation  to  the  disconnection  of  Territory  from  Cities  and  Villages.  Ap- 
proved and  in  force  May  29,  1879. 

205a.  Disconnecting  Territory.]  § 1.  Be  it  enacted  by  the 
People  of  the  State  of  Illinois,  represented  in  the  General  Assembly, 
That  whenever  the  owners  representing  a majority  of  the  area  of  land 
of  any  territory  within  any  city  or  village,  and  being  upon  the  border 
and  within  the  boundary  thereof,  and  not  laid  out  into  city  or  village 


CITIES  AND  VILLAGES. 


57 


lots  or  blocks,  shall  petition  the  city  council  of  such  city,  or  the 
trustees  of  such  village,  praying  the  disconnection  of  such  territory 
therefrom ; such  petition  shall  be  filed  with  the  city  clerk  of  such 
city,  or  the  president  of  the  trustees  of  such  village,  accompanied  with 
a certificate  of  the  county  clerk,  showing  that  all  city  taxes  or  assess- 
ments due  up  to  the  time  of  presenting  such  petition  are  fully  paid, 
at  least  ten  days  before  the  meeting  of  such  city  council,  or  trustees, 
at  which  it  is  proposed  to  present  such  petition,  and  the  city  clerk  of 
such  city,  or  president  of  the  trustees  of  such  village,  shall  present 
such  petition  to  the  city  council  or  trustees,  as  the  case  may  be,  and 
upon  such  presentation,  the  city  council  of  such  city  or  trustees  of 
such  village  may,  by  ordinance,  to  be  passed  by  a majority  of  the 
members  elected  to  such  city  council  or  board  of  village  trustees, 
disconnect  the  territory  described  in  such  petition  from  such  city  or 
village  : Provided , however , that  the  territory  so  disconnected,  shall 

not  thereby  be  exempted  from  taxation,  for  the  purpose  of  paying  any 
indebtedness  contracted  by  the  corporate  authorities  of  such  city  or 
village,  while  such  territory  was  within  the  limits  thereof,  and  remain- 
ing unpaid,  but  the  same  shall  be  assessed  and  taxed  for  the  purpose 
of  paying  such  indebtedness,  the  same  as  if  such  territory  had  not 
been  disconnected,  until  such  indebtedness  is  fully  paid. 

205b.  Ordinance  Recorded.]  § 2.  A copy  of  the  ordinance 
disconnecting  territory  from  any  city  or  village,  certified  by  the  clerk 
of  such  city,  or  president  of  the  trustees  of  such  village,  shall  be  filed 
for  record  and  recorded  in  the  recorder’s  office  of  the  county  in  which 
such  disconnected  territory  is  situated,  and  another  copy  of  such- 
ordinance,  so  certified,  shall  be  filed  with  the  clerk  of  the  county 
court  of  the  county  in  which  such  disconnected  territory  is  situated. 

205c.  Judicial  Notice.]  § 3.  All  courts  in  this  state  shall 
take  judicial  notice  of  cities  and  villages,  and  of  the  changes  made 
in  their  territory,  under  this  act. 

205d.  Repeal.]  § 4.  All  acts  and  parts  of  acts  in  conflict 
with  this  act  are  hereby  repealed. 

205c.  Emergency.]  § 5.  Whereas,  there  is  no  valid  law  in 
force  in  this  state  enabling  cities  and  villages  to  decrease  their  cor- 
porate limits,  and  special  legislation  therefor  by  the  General  Assembly 
is  forbidden  by  the  constitution  of  this  state,  therefore  an  emergency 
exists  why  this  act  should  take  effect  immediately : therefore  this  act 
shall  take  effect  and  be  in  force  from  and  after  its  passage. 


58 


CITIES  AND  VILLAGES. 


HOUSES  OF  ILL-FAME. 

AN  ACT  to  prevent  the  licensing  of  houses  of  ill-fame,  and  the  official  inspection  or 
medical  examination  of  the  inmates  thereof,  in  the  incorporated  cities,  towns  and 
villages  of  this  state.  Approved  and  in  force  March  27,  1874. 

Section.  Section. 

1.  Licensing  and  medical  inspection  for-  2.  Emergency, 
bidden. 

217.  Licensing,  etc.]  § 1.  Be  it  enacted  by  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assembly , That  it  shall  be 
unlawful  for  the  corporate  authorities  of  any  city,  town  or  village  in 
this  state  to  grant  a license  to  any  person,  male  or  female,  to  keep 
what  is  known  as  a house  of  ill-fame  or  house  of  prostitution.  And 
it  shall  be  unlawful  for  any  board  of  health  (or  any  member  or  em- 
ployee of  the  same)  now  existing,  or  which  may  hereafter  exist  under 
the  laws  of  this  state,  to  interfere  in  the  management  of  any  house  of 
ill-fame  or  house  of  prostitution,  or  to  provide  in  any  manner  for  the 
medical  inspection  or  examination  of  any  inmate  of  the  same. 

218.  Emergency.]  § 2.  Whereas,  the  legislative  authorities 
of  certain  cities  in  this  state  are  about  to  license  houses  of  ill-fame, 
therefore  an  emergency  exists  why  this  act  should  take  effect  immedi- 
ately: therefore,  this  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


WATER  WORKS. 

AN  ACT  to  enable  cities  and  villages  to  contract  for  a supply  of  water  for  public  use, 
and  to  levy  and  collect  a tax  to  pay  for  water  so  supplied.  Approved  April  9,  1872 ; 
in  force  July  1,  1872. 

Section.  Section. 

1.  Power  to  contract  for  water.  2.  Tax. 

242.  Power  to  Contract,  etc.]  § 1.  Be  it  enacted  by  the 
People  of  the  State  of  Illinois,  represented  in  the  General  Assembly, 
That  in  all  cities  and  villages  where  water  works  may  hereafter  be 
constructed  by  an  incorporated  company,  the  city  or  village  authori- 
ties in  such  cities  and  villages  may  contract  with  such  incorporated 
company  for  a supply  of  water  for  public  use,  for  a period  not  exceed- 
ing thirty  years. 

243.  Tax.]  § 2.  Any  such  city  or  village  so  contracting  may 
levy  and  collect  a tax  on  all  taxable  property  within  such  city  or 
village,  to  pay  for  the  water  so  supplied. 


SALARIES  OF  CITY  OFFICERS. 

AN  ACT  to  enable  the  corporate  authorites  of  cities  to  establish  and  fix  the  salaries  of 
city  officers.  Approved  and  in  force  April  23,  1873. 

Section.  Section. 

1.  When  to  be  fixed — not  changed  dur-  2.  Emergency, 
ing  term. 


CITIES  AND  VILLAGES. 


59 


244.  When  to  be  Fixed,  etc.]  § 1.  Be  it  enacted  by  the  Peo- 
ple of  the  State  of  Illinois,  represented  in  the  General  Assembly,  It 
shall  and  may  be  lawful  for  the  common  council  or  legislative 
authority  of  any  city  in  this  state  to  establish  and  fix  the  amount  of 
salary  to  be  paid  any  and  all  city  officers,  as  the  case  may  be,  except 
members  of  such  legislative  body,  in  the  annual  appropriation  bill  or 
ordinance  made  for  the  purpose  of  providing  for  the  annual  expenses 
of  any  such  city,  or  by  some  ordinance  prior  to  the  passage  of  such 
annual  appropriation  bill  or  ordinance ; and  the  salaries  or  compen- 
sation thus  fixed  or  established,  shall  neither  be  increased  nor 
diminished  by  the  said  common  council  or  legislative  authority  of  any 
such  city,  after  the  passage  of  said  annual  appropriation  bill  or  ordi- 
nance, during  the  year  for  which  such  appropriation  is  made,  and  no 
extra  compensation  shall  ever  be  allowed  to  any  such  officer  or 
employee  over  and  above  that  provided  in  manner  aforesaid.  [See 
§84-85.] 

245.  Emergency.]  § 2.  Whereas  the  corporate  authorities 
of  certain  cities  in  this  state  have  no  power  to  establish  or  fix  salaries 
of  their  city  officers  in  certain  cases,  whereby  an  emergency  exists 
requiring  this  act  to  take  immediate  effect:  therefore,  this  act  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 


REBATE  AND  REDUCTION  OF  TAXES,  ETC. 


AN  ACT  to  prevent  the  unjust  collection,  by  incorporated  cities  and  towns,  of  taxes 
levied  upon  property  destroyed  by  fire,  and  to  authorize  the  common  council  of 
such  cities,  or  board  of  trustees  of  such  towns,  to  change  or  amend  appropriation 
bills,  to  pass  new  appropriation  bills,  to  reduce  taxes  and  special  assessments  in 
certain  cases,  and  to  discontinue  special  improvements.  Approved  and  in  force 
January  18,  1872. 

Section.  Section. 

1.  Rebate  when  property  destroyed.  2.  Reduce  or  release  tax  or  assessment. 

250.  Rebate  When  Property  Destroyed.]  § i.  Be  it  enact- 
ed by  the  People  of  the  State  of  Illinois,  represented  in  the  General 
Assembly,  That  whenever,  in  any  incorporated  city  or  town  in  this 
state,  any  property  listed  or  assessed  for  municipal  taxation,  shall 
have  been  or  shall  hereafter  be  destroyed  by  fire,  in  whole  or  in  part, 
before  the  levy  of  the  municipal  taxes  of  such  city  thereon,  or  before 
the  municipal  taxes  levid  thereon  shall  have  been  collected,  it  shall 
and  may  be  lawful  for  the  mayor  of  such  city  or  town — if  there  be  no 
mayor,  then  the  president  of  the  board  of  trustees,  the  city  comp- 
troller, if  there  should  be  one ; and  if  not,  then  the  city  clerk  or 
town  clerk,  and  the  tax  commissioner,  if  there  should  be  one  ; if  not, 
then  the  chairman  of  the  finance  committee  of  the  city  council,  or 
board  of  trustees — to  rebate  or  remit  so  much  of  said  tax  or  taxes, 


60 


CITIES  AND  VILLAGES. 


so  levied  upon  such  property,  as  in  their  opinion  should  be  rebated 
or  remitted  by  reason  of  such  property  having  been,  in  whole  or  in 
part,  destroyed  by  fire. 

251.  Reduce  or  Release  Tax,  etc.]  § 2.  That  whenever,  in 
any  incorporated  city  or  town  in  this  state,  any  large  portion  of  the  tax- 
able property  of  such  city  shall  have  been  or  shall  hereafter  be 
destroyed  by  fire,  so  as  to  seriously  impair  or  affect  the  ability  of  the 
property  owners  of  such  city  or  town  to  pay  taxes  or  special  assess- 
ments thereon,  and  an  appropriation  bill  has  been  made  or  passed, 
or  special  improvements  ordered  before  such  fire,  and  the  tax  or 
assessment  for  the  payment  or  raising  of  the  same  has  not  been 
levied  or  collected,  it  may  be  lawful  for  the  city  council  or  board  of 
trustees  of  any  such  town  to  alter,  revise,  change,  reduce  or  vacate, 
or  repeal  such  appropriation  bill,  or  any  part  of  the  same,  and  to 
order  the  discontinuance  of  said  special  improvements,  or  any  of  the 
same,  or  to  reduce  the  amount  of  taxes  or  special  assessments 
ordered  to  be  levied,  or  assessed,  or  collected  for  any  general  or 
special  purpose,  and  to  pass  a new  appropriation  bill ; which  new 
appropriation  bill  shall  have  same  force  and  effect  as  if  the  same 
had  been  passed  within  the  time  prescribed  by  the  charter  of  any 
such  city  or  such  corporate  town. 


SEWERAGE,  WATER  AND  LIGHT  TAXES. 


AN  ACT  in  relation  to  the  levy  and  collection  of  taxes  for  sewerage  and  water  works 
in  cities  of  this  state,  that  may  have  established  a system  of  sewerage  and  water 
works  for  such  city,  and  to  repeal  and  act  therein  named,  and  to  authorize  the 
cities,  villages  and  incorporated  towns  of  this  state  to  levy  and  collect  taxes  to  pay 
for  water  and  light.  Approved  June  21,  1883  ; in  force  July  1,  1883. 

Section.  Section. 

1.  Sewerage  fund  tax.  3.  Repeal. 

2.  Sewerage  fund  and  light  tax. 

253.  Sewerage  Fund  Tax.]  § i.  Be  it  enacted  by  the  People 
of  the  State  of  Illinois,  represented  in  the  General  Assembly  : That  the 

legislative  authority  of  any  city  which  now  has,  or  may  hereafter  have 
established  a system  of  sewerage  for  such  city  shall  have  power, 
annually,  to  levy  and  collect  a tax  upon  the  taxable  real  and  personal 
estate  of  such  city,  not  to  exceed  one  mill  on  a dollar,  for  the 
extension  and  laying  of  sewers  therein,  and  the  maintenance  of  such 
sewers,  which  tax  shall  be  known  as  “The  Sewerage  Fund  Tax,”  and 
shall  be  levied  and  collected  in  the  same  manner  that  other  general 
taxes  of  any  such  city  are  levied  and  collected  : Provided,  however, 

that  the  board  of  public  works  of  such  city,  if  any,  or  the  head  of 
the  sewer  department  of  such  city,  shall  first  certify  to  such  legisla- 


CITIES  AND  VILLAGES. 


61 


tive  authority  the  amount  that  will  be  necessary  for  such  purpose : 
Provided,  further , that  a two-thirds  majority  of  all  the  members  elect 
of  the  legislative  authority  of  such  city,  may  levy  a tax  for  such 
purposes,  not  to  exceed  three  mills  on  each  dollar  of  the  taxable 
property  of  such  city. 

254.  Sewerage  Fund  and  Light  Tax.]  § 2.  The  legislative 

authority  of  any  city  which  now  has,  or  which  may  hereafter  have 
established  or  hired  water  works,  for  the  supply  of  water  to  the 
inhabitants  thereof,  shall  have  power  to  annually  levy  and  collect  a 
tax  upon  the  taxable  real  and  personal  estate  of  any  such  city, 
whether  organized  under  a special  charter  or  the  general  law,  not  to 
exceed  one  mill  on  the  dollar,  for  the  extension  of  water  mains  or 
pipes  therein,  and  the  maintenance  of  such  water  works,  or  to  the 
creation  of  a sinking  fund  to  be  applied  to  the  establishment  of 
water  works,  which  tax  shall  be  known  as  the  “Water  Fund  Tax,” 
and  shall  be  levied  and  collected  in  the  same  manner  that  other 
general  taxes  of  any  such  city  are  levied  and  collected : Provided, 

that  the  board  of  public  works  of  such  city,  if  any,  or  the  head  of 
the  water  department  of  such  city,  shall  first  certify  to  such  legisla- 
tive authority,  the  amount  that  will  be  necessary  for  such  purposes, 
and  shall  further  certify  that  the  revenue  or  income  from  such  water 
works  will  be  insufficient  therefor:  Provided,  further , that  two- 

thirds  majority  of  all  the  members  elect  of  the  legislative  authority 
of  such  city  may  levy  a tax  for  such  purposes,  not  to  exceed  three 
mills  on  each  dollar  of  the  taxable  property  of  such  city  : And,  pro- 

vided, further,  that  the  legislative  authority  of  each  of  the  cities, 
villages  and  incorporated  towns  in  this  state,  with  the  concurrence  of 
two-thirds  of  the  members  thereof,  shall  be  authorized  to  levy,  and 
collect  annually,  upon  the  taxable  property  within  its  limits,  in 
addition  to  all  other  taxes  now  authorized  by  law,  a tax  of  not 
exceeding  three  mills  on  the  dollar  of  such  taxable  property  to  be 
used  exclusively  for  the  purpose  ot  lighting  streets,  and  a further  tax 
of  not  exceeding  two  mills  on  the  dollar  of  such  taxable  property,  to 
be  used  exclusively  for  the  purpose  of  supplying  water  to  such  city, 
village  or  incorporated  town : Provided,  also,  that  nothing  in  this 

act  shall  be  so  construed  as  to  increase  the  amount  of  aggregate 
taxes  that  may  be  levied  in  any  one  year  by  any  city  or  village  as 
provided  in  section  one  (1),  of  article  VIII  of  an  act  entitled  “An 
act  to  provide  for  the  incorporation  of  cities  and  villages,”  approved 
April  10,  1872. 

255.  Repeal.]  § 3.  An  act  entitled  “An  act  in  relation  to  the 
levy  and  collection  of  taxes  for  sewerage  and  water  works  in  the 
cities  of  this  state,  that  may  have  established  a system  of  sewerage 
and  water  works  for  such  city,”  approved  and  in  force  April  22,  1871, 
is  hereby  repealed. 


62 


CITIES  AND  VILLAGES. 


TAXES. 

AN  ACT  in  regard  to  the  assessment  and  collection  of  municipal  taxes.  Approved 
May  23,  1877;  in  force  July  1,  1877. 

256.  How  May  be  Assessed  and  Collected.]  § i.  Be  it 
enacted  by  the  People  of  the  State  of  Illinois , represented  in  the  Gen- 
eral Assembly,  That  all  cities,  villages,  and  incorporated  towns,  in 
this  state  whether  organized  under  the  general  law  or  special  charters, 
shall  assess  and  collect  their  taxes  in  the  manner  provided  for  in 
article  eight  (8)  of  the  act  entitled,  “An  act  to  provide  for  the  incor- 
poration of  cities  and  villages,”  approved  April  10,  1872,  and  in  the 
manner  provided  for  in  the  general  revenue  laws  of  this  state ; and 
all  acts,  or  parts  of  acts,  inconsistent  with  the  provisions  of  this  act, 
are  hereby  repealed.  [See  § m-115.] 


it  * SURPLUS  FUND  OF  TAX.  % 

AcT  *to'*pr^Nbit>'an^  city,  toViNor -vflla^e  in  t^is^tateVroi)»  receiving  from  the 
. \county  treasury  a greater  proportion  of  the  surplus  fund  or  tax,  than  shall  be  re- 
'T*ceived  by  any  other  city,  town  or  village  within  the  same  county.  Approved  May 
4,  1877,  and  in  force  July  1,  1877. 

Section.  Section. 

1.  Proportion  of  tax.  2.  Drawback — amount  city,  etc.,  may 

receive. 

257.  Proportion  of  Tax.]  § 1.  Be  it  enacted  by  the  People  of 
the  State  of  Illinois,  represented  in  the  General  Assembly , That  no  city, 
town  or  village  within  any  county  in  this  state,  shall  be  entitled  to  or 
shall  receive  from  the  county  treasury  of  such  county  any  greater 
proportion  of  surplus  of  all  taxes  which  may  be  collected  for  county 
purposes,  than  any  other  city,  town  or  village  within  the  county. 

258.  Drawback — Amount  City,  etc.]  § 2.  Nor  shall  any 
such  city,  town  or  village  be  entitled  to,  or  receive  from  the  county 
treasury  any  greater  drawback  of  its  proportion  of  the  taxes  paid  into 
the  county  treasury,  by  reason  of  any  appropriation  by  the  county 
board,  out  of  the  county  treasury  for  the  making  and  repairing  of 
roads  and  highways,  the  building  and  repairing  of  bridges  in  such 
county,  without  any  such  city,  town  or  village  within  such  county, 
than  is  now  allowed  by  law  to  all  other  cities,  towns  and  villages 
within  the  same  county.  Any  acts,  or  parts  of  acts,  conflicting  with 
this  act,  are  hereby  repealed. 


LABOR  ON  STREETS. 

AN  ACT  providing  for  labor  on  the  streets  and  alleys  of  all  cities  and  villages  in  this 
state.  Approved  May  31,  1879  ! force  July  1,  1879. 

Section.  Section. 

1.  Labor  on  streets,  etc.  2.  Fines  and  penalties. 


CITIES  AND  VILLAGES. 


63 


258a.  Labor  on  Streets,  etc.]  § 1.  Be  ti  enacted  by  the  Peo- 
ple of  the  State  of  Illinois,  represented  in  the  General  Assembly,  That 
the  city  council  in  all  cities  and  the  president  and  board  of  trustees 
in  all  villages  in  this  state,  may  have  power,  by  ordinance,  to  require 
every  able  bodied  male  inhabitant  of  any  such  city  or  village,  above 
the  age  of  twenty-one  years,  and  under  the  age  of  fifty  years  (except- 
ing, paupers,  idiots,  lunatics,  and  such  others  as  are  exempt  by  law), 
to  labor  on  the  streets  and  alleys  of  any  such  city  or  village,  not  more 
than  two  (2)  days  in  each  year;  but  such  ordinance  shall  provide  for 
commutation  of  such  labor  at  seventy-five  cents  per  day. 

258b.  Fines  and  Penalties.]  § 2.  Any  such  city  council  or 
president  and  board  of  trustees  or  any  such  village  shall  have  power, 
by  ordinance,  to  provide  such  fines  and  penalties  as  may  be  necessary 
to  enforce  the  provisions  of  this  act. 


Its-Zjsfly  IaS c 


SIDEWALKS. 


AN  ACT  to  provide  additional  means  for  the  construction  of  sidewalks  in  cities,  towns 
and  villages.  In  force  July  1,  1875. 

Section.  Section. 

1.  Sidewalks  by  taxation.  5.  General  officer  to  obtain  judgment— * 

2.  What  ordinance  may  provide.  by  what  law  governed. 

3.  In  case  of  default  10  construct  side-  6.  When  constructed  by  owner,  may 

walk.  obtain  order. 

4.  Special  tax — duty  of  clerk — report. 

259.  Sidewalks  by  Taxation.]  § i.  Be  it  enacted  by  the 
People  of  the  State  of  Illinois,  represented  in  the  General  Assembly, 
That  in  addition  to  the  mode  now  authorized  by  law,  any  city  or 
incorporated  town  or  village  may  by  ordinance  provide  for  the  con- 
struction of  sidewalks  therein,  or  along  or  upon  any  streqt  or  part  of 
street  therein,  and  may,  by  such  ordinance,  provide  for  the  payment 
of  the  whole  or  any  part  of  the  cost  thereof  by  special  taxation  of  the 
lot,  lots  or  parcels  of  land  touching  upon  the  line  where  any  such  side- 
walk is  ordered,  and  such  special  taxation  may  be  either  by  a levy  on 
any  lot  of  the  whole,  or  any  part  of  the  cost  of  making  any  such 
sidewalk  in  front  of  such  lot  or  parcel  of  land,  or  by  levying  the 
whole  or  any  part  of  the  cost  upon  each  of  the  lots  or  parcels  of  land 
touching  upon  the  line  of  such  sidewalk,  pro  rata , upon  each  of  said 
lots  or  parcels,  according  to  their  respective  values — the  values  to  be 
determined  by  the  last  preceding  assessment  thereof  for  the  purpose 
of  state  and  county  taxation ; or  the  whole  or  any  part  of  the  cost 
thereof  may  be  levied  upon  such  lots  or  parcels  of  land  in  proportion 
to  their  frontage  upon  such  sidewalks,  or  in  proportion  to  their  super- 
ficial area,  as  may  be  provided  by  the  ordinance  ordering  the  laying 


64 


CITIES  AND  VILLAGES. 


down  of  such  sidewalk ; and  in  case  such  ordinance  shall  only  require 
the  payment  of  a part  of  the  cost  of  such  sidewalk  to  be  paid  by 
special  tax  as  aforesaid,  then  the  residue  of  such  cost  shall  be  paid  out 
of  any  fund  of  such  city,  town  or  village  raised  by  general  taxation 
upon  the  property  thereof,  and  not  otherwise  appropriated. 

260.  What  Ordinance  May  Provide.]  § 2.  Said  ordinance 
shall  define  the  location  of  such  proposed  sidewalk  with  reasonable 
certainty,  shall  prescribe  its  width,  the  materials  of  which  it  shall  be 
constructed,  and  the  manner  of  its  construction,  and  may  provide 
that  the  materials  and  construction  shall  be  under  the  supervision  of, 
and  subject  to  the  approval  of  some  officer  or  board  of  officers  of  such 
city,  town  or  village,  to  be  designated  in  said  ordinance.  Said  ordi- 
nance shall  be  published  as  required  by  law  for  other  ordinances  of 
said  city,  town  or  village,  and  may  require  all  owners  of  lots  or  par- 
cels of  land  touching  the  line  of  said  proposed  sidewalk,  to  construct 
a sidewalk  in  front  of  their  respective  lots  or  parcels  in  accordance 
with  the  specifications  of  said  ordinance,  within  thirty  days  after  such 
publication,  and  in  default  thereof,  said  materials  to  be  furnished  and 
sidewalk  to  be  constructed  by  said  city,  town  or  village,  and  the  cost, 
or  such  part  thereof  as  may  be  fixed  in  said  ordinance,  may  be  col- 
lected from  the  respective:  owners  of  said  lots  or  parcels  of  land  as 
hereinafter  provided. 

261.  In  Case  of  Default,  etc.]  § 3.  In  case  of  the  default 
of  any  lot  owner  or  owners  to  construct  the  sidewalks,  as  required  by 
ordinance,  and  the  same  shall  be  constructed  by  the  city,  town  or 
village,  the  cost  thereof,  or  such  part  of  the  cost  thereof  as  may  have 
been  fixed  by  said  ordinance,  may  be  recovered  of  the  owners  so  in 
default,  by  an  action  of  debt  in  the  name  of  the  city,  town  or  village, 
against  such  owners  respectively,  in  any  court  of  competent  jurisdic- 
tion, or  upon  the  completion  of  the  work  by  such  city,  town  or  village. 
Such  ordinance  may  provide  that  a bill  of  the  cost  of  such  sidewalk, 
showing  in  separate  items  the  cost  of  grading,  materials,  laying  down 
and  supervision,  shall  be  filed  in  the  office  of  the  clerk  of  such  city, 
town  or  village,  certified  to  by  the  officer  or  board  designated  by  said 
ordinance  to  take  charge  of  the  construction  of  such  sidewalk,  to- 
gether with  a list  of  the  lots  or  parcels  of  land  touching  upon  the  line 
of  said  sidewalk,  the  names  of  the  owners  thereof,  and  the  frontage, 
superficial  area,  or  assessed  value  as  aforesaid,  according  as  said  ordi- 
nance may  provide  for  the  levy  of  said  cost  by  frontage,  superficial 
area  or  assessed  value ; whereupon  said  clerk  shall  proceed  to  prepare 
a special  tax  list  against  said  lots  or  parcels,  and  the  owners  thereof, 
ascertaining  by  computation  the  amount  of  special  tax  to  be  charged 
against  each  of  the  said  lots  or  parcels  and  the  owners  thereof,  on 
account  of  the  construction  of  said  sidewalk,  according  to  the  rule 
fixed  for  the  levy  of  such  special  tax  by  said  ordinance,  which  special 
tax  list  shall  be  filed  in  the  office  of  said  clerk ; and  said  clerk  shall 


CITIES  AND  VILLAGES. 


65 


thereupon  issue  warrants  directed  to  such  officer  as  may  be  designated 
in  such  ordinance,  for  the  collection  of  the  amount  of  special  tax  so 
ascertained  and  appearing  from  said  special  tax  list  to  be  due  from 
the  repective  owners  of  the  lots  or  parcels  of  land  touching  upon  the 
line  of  said  walk ; and  such  officer  shall  proceed  to  collect  such  war- 
rants in  the  same  manner  as  constables  are  authorized  to  collect 
executions,  and  make  return  thereof,  together  with  the  moneys  col- 
lected, to -the  clerk  of  such  city,  town  or  village,  within  sixty  days 
from  the  date  of  their  issue;  and  in  case  any  such  warrant  shall  be 
returned,  as  to  the  whole  or  any  part  thereof,  “no  property  found,” 
other  warrants  may  issue,  and  proceeding  by  garnishment  may  be 
resorted  to  as  in  case  of  garnishment  in  aid  of  collection  of  judg- 
ments at  law,  and  all  moneys  so  collected  and  paid  over  to  said  clerk, 
shall  be,  by  him,  immediately  paid  over  to  the  treasurer  of  said  city, 
town  or  village.  ^ 

262.  Special  Tax — Duty  of  Clerk,  etc.]  § 4.  Upon  the 
failure  to  collect  such  special  tax  as  heretofore  provided  in  this  act, 
it  shall  be  the  duty  of  said  clerk,  within  such  time  as  said  ordinance 
may  provide,  to  make  report  of  all  such  special  tax,  in  writing,  to 
such  general  officer  of  the  county  as  may  be  authorized  by  law  to 
apply  for  judgment  against,  and  sell  lands  for  taxes  due  the  county 
or  state,  of  all  the  lots  or  parcels  of  land  upon  which  such  special  tax 
shall  be  so  unpaid,  with  the  names  of  the  respective  owners  thereof, 
so  far  as  the  same  are  known  to  said  clerk,  and  the  amount  due  and 
unpaid  upon  each  tract,  together  with  a copy  of  the  ordinance  order- 
ing the  construction  of  said  sidewalk,  which  report  shall  be  accom- 
panied by  the  oath  of  the  clerk  that  the  list  is  a correct  return  of  the 
lots  and  parcels  of  land  on  which  the  special  tax  levied  by  authority 
of  said  city,  town  or  village,  for  the  cost  or  partial  cost  (as  the  case 
may  be)  of  the  sidewalk  in  said  ordinance  specified,  remains  due  and 
unpaid,  and  that  the  amounts  therein  stated  as  due  and  unpaid  have 
not  been  collected,  nor  any  part  thereof.  Said  report  when  so  made, 
shall  be  prima  facie  evidence  that  all  the  forms  and  requirements  of 
the  law  in  relation  to  making  such  return  have  been  complied  with, 
and  that  the  special  tax  as  mentioned  in  said  report,  is  due  and 
unpaid. 

263.  General  Officer  to  Obtain  Judgment,  etc.]  § 5. 
When  said  general  officer  shall  receive  the  aforesaid  report,  he  shall 
at  once  proceed  to  obtain  judgment  against  said  lots  or  parcels  of 
land  for  said  special  tax  remaining  due  and  unpaid,  in  the  same 
manner  as  may  be  provided  by  law  for  obtaining  judgment  against 
lands  for  taxes  due  and  unpaid  the  county  and  state,  and  shall  in  the 
same  manner  proceed  to  sell  the  same  for  the  said  special  tax  due  and 
unpaid.  In  obtaining  said  judgment  and  making  said  sale,  the  said 
officer  shall  be  governed  by  the  general  revenue  laws  of  the  state, 
except  when  otherwise  provided  herein,  and  said  general  laws  shall 
also  be  applicable  to  the  execution  of  certificates  of  sale,  and  deeds 


66 


CITIES  AND  VILLAGES. 


thereon,  and  the  force  and  effect  of  such  sales  and  deeds;  and  all 
other  laws  in  relation  to  the  enforcment  and  collection  of  taxes,  and 
redemption  from  tax  sales,  shall  be  applicable  to  proceedings  to  col- 
lect such  special  tax,  except  as  herein  otherwise  provided. 

264.  When  Constructed  by  Owner,  etc.]  § 6.  Whenever 
payment  of  the  costs  of  any  such  sidewalk  is  required  to  be  made  in 
part  by  special  tax,  and  in  part  out  of  the  general  fund  of  such  city, 
town  or  village,  and  the  owner  of  any  such  lot  or  parcel  of  land  shall 
construct  such  sidewalk  in  accordance  with  the  ordinance  providing 
for  its  construction,  such  owner  shall  file  with  the  clerk  of  such  city, 
town  or  village,  an  itemized  statement  of  the  cost  of  such  sidewalk  so 
constructed  by  him,  verified  by  affidavit,  together  with  a certificate 
of  the  officer  or  board  directed  by  such  ordinance  to  superintend  the 
construction  thereof,  that  such  sidewalk  has  been  constructed  and 
fully  completed  by  such  owner  in^  accordance  with  such  ordinance, 
and  the  council  of  such  city,  town  or  village  shall  thereupon,  at  its 
first  meeting  thereafter,  allow  and  order  to  be  issued  to  such  owner 
an  order  on  the  treasurer  of  such  city,  town  or  village,  for  the  cost  of 
the  construction  of  such  sidewalk,  less  the  amount  of  special  tax 
chargeable  to  the  lot  or  parcel  of  land  of  such  owner  on  the  line  of 
which  such  sidewalk  has  been  so  constructed.  [Approved  April  15, 

1875-] 


ELECTIONS. 


AN  ACT  to  provide  for  the  time  of  opening  and  closing  the  polls  during  elections  of 
cities,  towns  and  villages  in  this  state.  Approved  May  29,  1879 ; force  July  i, 
1879. 

265.  Time  of  Opening  and  Closing  Polls.]  § i.  Be  it  en- 
acted by  the  People  of  the  State  of  Illinois,  represented  in  the  General 
Assembly , That  in  all  city,  town  or  village  elections,  in  this  State, 
the  polls  shall  remain  open  from  eight  (8)  o’clock  a.  m.,  until  seven 
(7)  o’clock  p.  m.,  any  law  in  any  special  charter  to  the  contrary 
notwithstanding. 


PUNISHMENT  OF  PERSONS  VIOLATING  ORDINANCES. 


AN  ACT  to  provide  for  the  punishment  of  persons  violating  any  of  the  ordinances  of 
the  several  cities  and  villages  in  this  state.  Approved  and  in  force  April  12,  1879. 

Section.  Section. 

1.  Arrest — imprisonment — work-house.  2.  Repeal. 

267.  Arrest — Imprisonment,  etc.]  § i.  Be  it  enacted  by 
the  People  of  the  State  of  Illinois,  represented  in  the  General  Assembly, 
That  in  all  actions  for  the  violation  of  any  ordinance  of  any  city  or 


CITIES  AND  VILLAGES. 


67 


village  organized  under  any  general  or  special  law  of  this  state,  the 
first  process  shall  be  a summons:  Provided,  however , that  a warrant 

for  the  arrest  of  the  offender  may  issue  in  the  first  instance,  upon  the 
affidavit  of  any  person  that  any  such  ordinance  has  been  violated, 
and  that  the  person  making  the  complaint  has  reasonable  grounds  to 
believe  that  the  party  charged  is  guilty  thereof ; and  any  person 
arrested  upon  such  warrant,  shall,  without  unnecessary  delay,  be 
taken  before  the  proper  officer,  to  be  tried  for  the  alleged  offense. 
Any  person  upon  whom  any  fine  or  penalty  shall  be  imposed  may, 
upon  the  order  of  the  court  or  magistrate  before  whom  the  conviction 
is  had,  be  committed  to  the  county  jail  or  the  calaboose,  city  prison, 
work-house,  house  of  correction,  or  other  place  provided  by  such 
cities  or  villages  by  ordinance  for  the  incarceration  of  such  offenders 
until  such  fine,  penalty,  and  cost  shall  be  fully  paid  : Provided,  that 

no  such  imprisonment  shall  exceed  six  months  for  any  one  offense. 
The  city  council  or  board  of  trustees  of  any  such  cities  or  villages 
shall  have  power  to  provide  by  ordinance  that  every  person  so  com- 
mitted shall  be  required  to  work  at  such  labor  as  his  or  her  strength 
will  permit,  within  and  without  such  prison,  work-house,  house  of 
correction  or  other  place  provided  for  the  incarceration  of  such 
offenders,  not  to  exceed  ten  hours  each  working  day ; and  for  such 
work  the  person  so  employed,  or  worked,  shall  be  allowed,  exclusive 
of  his  or  her  board,  the  sum  of  fifty  cents  for  each  day’s  work  on 
account  of  such  fine  and  costs. 

268.  Repeal.]  § 2.  All  acts  and  parts  of  acts  iacon-Ttent 
with  the  foregoing  section  are  hereby  repealed. 


SUITS— HOW  BROUGHT. 

AN  ACT  entitled  “An  act  in  regard  to  suits  by  incorporated  cities  and  villages,  and  to 
enforce  penalties  and  recover  fines  for  violating  the  ordinances  thereof.''  Approved 
May  31,  1879;  force  July  i,  1879. 

270.  Suits — How  Brought,  etc.]  § i.  Be  it  enacted  by  the 
People  of  the  State  of  Illinois,  represented  in  the  General  Assembly, 
That  all  actions  to  recover  any  fine,  or  to  enforce  any  penalty,  under 
any  ordinance  of  any  city  or  village  in  this  state,  shall  be  brought  in 
the  corporate  name  of  the  city  or  village,  as  plaintiff,  and  no  prosecu- 
tion, recovery  or  acquittal  for  the  violation  of  any  such  ordinance  shall 
constitute  a defense  to  any  other  prosecution  of  the  same  partv,  for 
any  other  violation  of  any  such  ordinance,  although  the  different 
causes  of  action  existed  at  the  same  time,  and,  if  united,  would  no; 
have  exceeded  the  jurisdiction  of  the  court  or  magistrate. 

[Note — Only  such  parts  of  the  statutes  are  included  in  this  revision  as  are  ap- 
plicable to  the  city  of  Danville  at  present  time.] 


THE  REVISED 


ORDINANCES 


OF  THE 


PUBLISHED  BY  AUTHORITY  OF  THE  0ITY  0OUNSIL. 


REVISED  AND  ARRANGED  BY 

MANN,  CALHOUN  & FRAZIER. 


DANVILLE,  ILL.: 

Bowman  & Freese,  Book  and  Job  Printers. 


1003. 


AN  ORDINANCE 

FOR  REVISING  AND  CONSOLIDATING  THE  GENERAL  ORDINANCES 
OF  THE  CITY  OF  DANVILLE. 

Whereas,  It  is  expedient  that  the  General  Ordinances  of  this  City 
should  be  consolidated  and  arranged  in  appropriate  chapters  and 
sections,  and  that  an  index  of  the  whole  should  be  made,  therefore, 

Be  it  ordained  by  the  City  Council  of  the  City  of  Danville  in  manner 
following , that  is  to  say  : 

CHAPTER  I. 

ADDITIONS,  MAPS  AND  PLATS. 

Section.  Section. 

1.  Additions  to  correspond  with  streets.  4.  Penalty  for  selling  lots,  etc. 

2.  Plats  must  be  submitted  to  council.  5.  Certificate  of  approval. 

3.  Penalty  for  recording  plat  before  ap- 

proval. etc. 

Additions  Must  Correspond  with  Established  Streets.] 
§ 1.  • Any  addition  which  may  hereafter  be  made  to  the  city  of  Dan- 
ville, or  any  lands  adjoining  or  within  the  same,  which  may  be  laid 
out  into  lots  or  blocks,  shall  be  so  laid  out,  surveyed  and  platted,  that 
the  blocks  or  other  subdivisions  thereof  shall  conform  to  the  regular 
blocks  of  the  original  town  plat,  or  with  the  regular  blocks  of  the 
additions  adjoining  such  lands  or  additions  so  proposed  to  be  laid 
out,  and  the  streets  and  alleys  shall  correspond  with,  and  conform  to 
the  previously  established  streets  and  alleys  with  which  they  may  con- 
nect, and  continue  the  same.  [R.  O.  1876  ] 


4 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


Plats  Must  be  Submitted  to  City  Council.]  § 2.  Any 
person  w,ho  shall  survey  or  plat  any  addition  to  the  city  of  Danville, 
or  any  lands  adjoining  o.r  within  the  same,  into  lots,  blocks,  or  other 
subdivisions,  or  shall  re-subdivide  any  block,  lot,  sub-lot,  out-lot,  or 
part  thereof,  within  said  city,  shall  submit  the  map,  plat,  or  sub- 
division thereof  to  the  city  council  for  its  approval ; and  no  such 
map,  plat  or  subdivision  shall  be  valid,  or  be  admitted  to  record  in 
the  office  of  the  recorder  of  deeds  in  and  for  Vermilion  county,  until 
the  same  has  been  so  submitted,  and  approved  by  the  city  council. 

Penalty  for  Recording.]  § 3.  Any  person  who  shall,  as 
owner  of  the  land  so  surveyed  or  platted,  or  as  the  agent  of  any  such 
owner,  cause  to  be  recorded  in  the  recorder’s  office  of  Vermilion 
county,  any  such  map,  plat  or  subdivision  mentioned  in  section  2, 
without  having  the  same  submitted  to  and  approved  by  the  said  city 
council,  before  filing  the  same  in  said  recorder’s  office  for  record, 
shall  be  fined  not  less  than  twenty-five  dollars  nor  more  than  one 
hundred  dollars. 

Penalty  for  Selling  Lots,  etc.]  § 4.  Any  person  who,  as 
owner  of  the  land  so  surveyed  or  platted,  or  as  the  agent  of  any  such 
owner,  shall  sell,  or  offer  for  sale  any  lot,  block,  subdivision,  or  part 
thereof,  in  any  such  addition,  division  or  subdivision  of  lands  as 
mentioned  in  section  2,  hereof,  before  the  map,  plat  or  subdivision 
thereof  has  been  approved  by  said  city  council,  shall  be  fined  not  less 
than  twenty-five  dollars  nor  more  than  one  hundred  dollars  for  each 
offense. 

Certificate  of  Approval.]  § 5.  If  the  city  council  approve 
any  map  or  plat  of  any  addition,  or  subdivision  submitted  to,  is  as 
herein  provided,  a certificate  of  such  approval  shall  be  endorsed  upon 
said  map  or  plat,  signed  by  the  mayor  and  attested  by  the  city  clerk. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


5 


CHAPTER  II. 

AMUSEMENTS. 


Section.  Section. 


I. 

Classification  of  amusements. 

11. 

Minors  forbidden  at  shows  where 

2. 

License  for  required. 

liquors  sold. 

3- 

Licenses  and  fees. 

12. 

13. 

Indecent  plays. 

Good  order  to  be  maintained. 

4- 

Class  and  fee  decided  by  mayor. 

14- 

Disorderly  conduct. 

5- 

License  by  the  year. 

I5- 

Processions  on  street  forbidden — 

6. 

License  subject  to  ordinances. 

When. 

7- 

Entertainments  where  liquors  are  sold. 

16. 

Shooting  galleries. 

8. 

Proprietors  of  halls  to  see  that  license 

17. 

Rate  of  license. 

is  obtained. 

18. 

Target  shooting  in  uninclosed  places 

9- 

Chairs,  etc.,  in  aisles  forbidden. 

forbidden. 

10. 

Persons  loitering  in  hall-ways  or  on 

19. 

Shooting  firearms. 

sidewalks  forbidden. 

20. 

Lung-testers,  galvanic  batteries,  etc. 

Classification  of  Amusements.]  § i.  For  the  purpose  of 
providing  for  the  licensing  and  taxation  of  theatricals,  shows,  amuse- 
ments, and  all  public  exhibitions  for  gain,  the  same  are  hereby  divided 
into  three  classes,  which  shall  be  known  as  the  first,  second  and  third 
class,  viz : 

First — Entertainments  of  a regular  dramatic  or  operatic  charac- 
ter, and  negro  minstrels,  given  in  theatres  or  opera  houses  shall  be 
known  as  entertainments  of  the  first  class. 

Second — Concerts,  or  other  musical  entertainments,  public  read- 
ings, exhibitions  of  paintings  or  statuary,  panoramas,  performance  of 
feats  of  jugglery,  sleight-of-hand,  or  necromancy,  exhibitions  of  natural 
or  artificial  curiosities,  variety  shows,  and  other  entertainments  of 
every  kina  in  this  section  not  mentioned,  which  may  be  given  in 
theatres,  opera  houses  or  public  halls,  shall  be  known  as  entertain- 
ments of  the  second  class. 

Third — Circuses,  menageries,  caravans,  hippodromes,  side  shows, 
and  concerts,  minstrel  or  musical  entertainments  given  under  a can- 
vass, exhibitions  of  monsters  or  freaks  of  nature,  and  all  exhibitions 
that  may  be  given  under  a canvass  not  herein  specifically  mentioned 
shall  be  known  as  entertainments  of  the  third  class. 

License  Required.]  § 2.  No  person,  or  persons,  shall  give 
any  entertainment  mentioned  in  this  chapter  within  the  limits  of  the 
city,  for  gain,  without  a license  therefor  first  had  and  obtained  from 
the  mayor,  under  the  seal  of  the  city,  under  a penalty  of  not  less 
than  ten  dollars  and  not  exceeding  two  hundred  dollars  for  each  and 
every  such  entertainment  given  in  violation  of  this  chapter  : Provided , 
that  for  concerts,  exhibitions,  musical  entertainments,  lectures  or 
dramatic  entertainments  given  by  or  for  some  home  association, 
society  or  church,  no  license  shall  be  required. 


6 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


Licenses  and  Fees.]  § 3.  Each  license  shall  express  for 
what  it  is  granted,  and  the  time  it  is  to  continue;  and  the  following 
license  fees  shall  be  charged  for  each  license  granted,  and  shall  be 
paid  to  the  city  clerk,  viz  : 

First — For  entertainments  of  the  first  class  not  less  than  five 
dollars  for  every  performance  or  exhibition. 

Second — For  entertainments  of  the  second  class  not  less  than 
three  dollars  for  each  performance  or  exhibition. 

Third — For  entertainments  of  the  third  class,  the  following 
sums,  viz:  For  each  circus,  or  menagerie,  or  circus  and  menagerie 

combined,  and  each  hippodrome  the  sum  of  fifty  dollars  for  each  day; 
for  each  side  show  with  any  menagerie,  circus,  or  hippodrome,  twenty 
dollars  for  each  and  every  day;  for  each  concert,  musical  or  minstrel 
entertainment,  given  under  a canvass,  the  sum  of  ten  dollars.  For 
any  other  entertainment  of  the  third  class  a sum  of  not  less  than  ten 
dollars  is  to  be  charged. 

Class  and  Fee  Decided  by  Mayor,  etc.]  § 4.  The  mayor 
shall  determine  in  every  case,  where  application  is  made  for  a license 
under  this  chapter,  the  class  to  which  the  entertainment  belongs,  and 
the  amount  of  the  license  fee  to  be  paid  where  it  is  not  specifically 
fixed  by  this  chapter  ; and  the  person  to  whom  the  license  is  granted 
shall  pay  the  license  fee  to  the  city  clerk,  who  shall  issue  the  license, 
and  the  same  shall  be  signed  by  the  mayor. 

License  by  the  Year.]  § 5.  The  owner  or  lessee  of  any 
hall  or  theatre,  in  which  the  entertainments  given  are,  as  a rule,  of  a 
dramatic  or  operatic  character,  and  the  admission  price,  as  a rule,  is 
not  less  than  fifty  cents,  may  take  out  a yearly  license  for  the  sum  of 
two  hundred  dollars  per  year,  and  the  occupants  of  such  hall  or 
theatre  shall  thereby  become  exempt  from  license  during  such  year, 
and  the.  owner  or  lessee  of  any  theatre,  hall  or  other  buildrhg,  where 
the  entertainments  given  are  of  the  second  class,  and  the  admission 
price  does  not  exceed  twenty-five  cents,  on  the  payment  of  three 
hundred  dollars  may  take  out  a yearly  license,  and  such  owner  or 
lessee  or  the  occupants  of  such  theatre,  hall,  or  other  building  shall 
thereby  become  exempt  from  any  further  license  for  such  year. 
Licenses  may  be  issued  under  this  section  for  a quarter  of  a year,  upon 
the  payment  of  one  quarter  of  the  yearly  license  fee. 

Licenses  Subject  to  all  Ordinances.]  § 6.  Every  license 
granted  under  the  provisions  hereof,  shall  be  subject  to  the  ordinances 
of  the  city  existing  when  the  same  shall  be  issued,  or  which  shall 
thereafter  be  passed,  so  far  as  the  same  shall  apply. 

Entertainments  Where  Liquors  are  Sold.]  § 7.  No  per- 
son shall  be  allowed  to  give  any  concert,  musical  entertainment, 
dramatic  or  variety  show,  or  entertainment  of  any  kind,  in  any 
licensed  saloon,  or  place  where  intoxicating  liquors  are  sold,  or  in 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


•7 


any  place  the  entrance  to  which  shall  be  through  a saloon,  without  a 
special  permit  from  the  city  council ; any  person  violating  this  sec- 
tion shall  be  fined  not  less  than  ten  dollars,  nor  more  than  two 
hundred  dollars  for  each  violation. 

§ 8.  Owners,  Lessees  or  Agents  to  See  License  is  Ob- 
tained.] It  shall  be  the  duty  of  every  proprietor,  lessee,  or  the 
agent  of  either  in  charge,  of  any  theatre,  hall,  or  other  building 
where  public  entertainments  are  giveii,  before  he  permits  any  person 
or  persons  to  use  the  same  for  giving  any  entertainment  therein  for 
gain,  to  see  that  a license  therefor  is  obtained  as  herein  required,  or 
to  obtain  the  same  himself,  either  in  his  own  name,  or  in  the  name 
of  the  person  or  persons  proposing  to  give  such  entertainment,  under 
a penalty  of  not  less  than  five  dollars,  nor  more  than  fifty  dollars  for 
each  offense. 

Chairs,  etc.,  in  Aisles.]  § 9.  No  chairs,  stools, 'or  seats  of 
any  description  shall  be  placed  or  permitted  to  remain  in  the  aisles  or 
passage-ways,  in  any  theatre,  hall,  or  other  public  building,  when  the 
same  is  occupied  by  the  public,  under  a penalty  of  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars  for  each  and  every  viola- 
tion of  this  section.  It  shall  be  the  duty  of  the  city  marshal  and  all 
members  of  the  police  force  to  see  that  this  section  is  strictly  observ- 
ed; and  in  case  of  any  violation  thereof,  to  forthwith  proceed  to 
clear  any  obstructed  aisle  or  passage-way,  and  to  arrest  the  offender 
or  offenders. 

Persons  in  Hall-ways.]  § 10.  It  shall  not  be  lawful  for 
boys,  or  other  persons,  to  loiter  or  stand  in  any  lobby,  hall-way  or 
outer  entrance  to  any  theatre,  hall  or  other  public  building,  or  on  the 
sidewalk  adjacent  to,  and  within  fifty  feet  of  such  entrance,  after  a 
request  to  move  on,  made  by  the  owner,  lessee  or  manager  of  the 
entertainment,  or  any  police  officer,  under  a penalty  of  not  less  than 
one  dollar,  nor  more  than  twenty-five  dollars  for  each  offense. 

§ 11.  Minors  at  Variety  Shows  Where  Liquors  are  Sold 
Forbidden.]  Whoever  shall  by  himself,  his  agent  or  clerk,  admit 
any  minor  to  any  theatre,  hall,  room  or  other  place  where  any  con- 
cert, variety  show,  or  any  entertainment  of  any  kind  is  given,  and 
where  wine,  beer,  or  any  intoxicating  liquors  are  sold  or  distributed, 
or  shall  permit  such  minor  to  remain,  or  be  in  any  such  theatre,  hall 
or  room,  or  other  place,  shall  be  fined  not  less  than  twenty  dollars 
nor  more  than  one  hundred  dollars  for  each  offense. 

Indecent  Play.]  § 12.  No  license  shall  be  granted  for,  or  if 
granted,  the  same  shall  not  be  held  to  authorize,  the  enacting  or 
performance  of,  any  indecent  or  lewd  play  or  exhibition  of  any  kind  ; 
and  any  person  giving,  exhibiting,  or  taking  part  in  any  such  play  or 
exhibition  sjiall  be  fined  not  less  than  five  dollars  nor  more  that  two 
hundred  dollars. 


8 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


Good  Order  Shall  re  Maintained.]  § 13.  Any  person 
giving  or  conducting  any  exhibition,  show  or  amusement,  shall  pre- 
serve good  order  in  and  about  the  place  of  his  exhibition  or  amuse- 
ment, and  if  necessary  for  that  purpose  shall  employ  at  his  own 
expense,  sufficient  police  force ; and  any  neglect  or  failure  to  so 
maintain  and  preserve  sucji  good  order  shall  subject  such  person  to  a 
fine  of  not  less  than  three  dollars,  nor  more  than  one  hundred  dol- 
lars, and  his  license  may  be  forfi  ited  in  the  discretion  of  the  mayor. 

Disorderly  Conduct.]  § 14.  Any  person  who  shall  conduct 
himself  in  a riotous  or  disorderly  manner  at  any  place  of  exhibition 
or  amusement,  shall  be  subject  to  a penalt)  of  not  less  than  three 
dollars,  and  not  exceeding  one  hundred  dollars ; and  if  any  person 
belonging  to  or  connected  with  any  such  show  or  exhibition  shall 
conduct  himself  in  a riotous  or  disorderly  manner,  or  cause  any  dis- 
turbance or  breach  of  the  peace  at  the  place  of  exhibition,  the  license 
of  such  show  or  exhibition  may  be  revoked  or  forfeited  in  the  discre- 
tion of  the  mayor,  and  no  license  at  any  time  thereafter  shall  be 
granted  for  such  exhibition  unless  for  good  cause  shown,  with  the 
consent  of  the  city  council.  [R.  O.  1876.] 

Processions  on  the  Streets.]  § 15.  No  circus,  menagerie, 
caravan,  show,  band  or  procession  of  any  kind,  tending  to  the  col- 
lection of  persohs  on  the  streets  and  sidewalks,  to  the  obstruction  of 
the  same,  shall,  without  the  written  consent  of  the  mayor,  parade  or 
travel  upon  or  through  the  streets  of  said  city,  for  the  purpose  oR 
exhibition,  or  for  the  purpose  of  attracting  the  attention  thereto  of 
passengers,  or  people  on  the  streets  and  sidewalks ; and  no  person 
shall,  except  in  cases  where  the  mayor  has  given  his  written  consent 
as  aforesaid,  beat  any  drum  or  other  instrument,  or  blow  any  horn 
or  other  instrument  in  any  of  said  streets  for  the  purpose  of  attracting 
public  attention  to  any  such  circus,  menagerie,  show  or  procession. 
Any  person  violating  this  section  or  any  part  thereof,  either  as 
owner,  manager,  or  employee,  of  any  such  circus,  menagerie,  show, 
band  or  procession  of  any  kind,  shall  be  fined  not  less  than  ten 
dollars,  nor  more  than  two  hundred  dollars  for  each  offense : Pro- 

vided, that  this  section  shall  not  apply  to  any  band  of  music,  or 
musical  society  engaged  in  serenading,  or  any  civic  or  military 
society,  or  other  parade  made  by  the  citizens  of  said  city. 

Shooting  Galleries.]  § 16.  No  person  shall  manage,  keep 
or  run  any  shooting  gallery  or  place  for  target  shooting,  without 
first  obtaining  a license  therefor,  under  a penalty  of  twenty  dollars 
for  each  offense. 

Rate  of  License.]  § 17.  The  rate  of  license  for  shooting 
galleries  and  places  for  target  shooting,  shall  be,  for  one  year  ten 
dollars,  or  two  dollars  and  fifty  cents  per  quarter. 

Target  Shooting  in  Uninclosed  Places.]  § 18.  No  per- 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


9 


son  shall  keep,  maintain  or  use  any  shooting  gallery  or  place  for 
target  practice  in  any  alley,  street,  or  in  any  open  or  uninclosed 
place  in  said  city,  nor  shall  any  person  set  up  any  target  in  any  such 
open  or  un inclosed  place,  or  shoot  at  the  same,  under  a penalty  of 
not  less  than  ten  dollars  for  each  offense. 

Shooting  of  Firearms.]  § 19.  No  license  issued  for  main- 
taining a shooting  gallery  shall  be  construed  so  as  to  authorize  or 
permit  the  firing  of  any  gun  or  other  firearm  contrary  to  any  ordi- 
nance or  said  city. 

Lung  Testers — Galvanic  Batteries,  etc.]  § 20.  No 
person  shall  exhibit,  use  or  permit  others  to  use,  for  profit  or  gain, 
any  lung  tester,  lifting  apparatus,  galvanic  battery,  striking  machine, 
swing  or  other  machine,  instrument  or  device,  without  first  obtaining 
a license  therefor,  under  a penalty  of  five  dollars  for  each  offense. 
The  license  for  any  such  apparatus  shall  be  at  the  rate  of  one  dollar 
per  day. 


CHAPTER  III. 

ANIMALS  AND  POUNDS. 


Section. 

1.  Animals  prohibited  at  large. 

2.  Penalty  lor  stock  being  at  large. 

3.  Pound  and  pound  keepers. 

4.  Pound  keeper  to  take  up  animals — 

Feed  for  same. 

5.  Duty  of  policemen. 

6.  Citizens  may  take  up  animals. 

7.  Redemption  of  animals  from  pound. 

8.  Proceedings  where  owner  is  known. 

9.  Proceedings  where  owner  is  un- 

known. 

10.  Trial  after  notice — Judgment. 

11.  Proceedings  against  non-resident 

owner. 

12.  Order  of  sale. 


Section. 

13.  Pound  keeper’s  notice  of  sale — Sale. 

14.  Pound  keeper’s  book — Proceeds  of 

sale. 

15.  Surplus  paid  to  owner. 

16.  Breaking  pound — Hindering  the  im- 

pounding of  animals. 

17.  Wrongful  taking  up  of  animals. 

18.  Report  of  pound  keeper. 

19.  Additional  pounds  and  pound  keep- 

ers. 

20.  Fees  to  marshal  and  policemen. 

21.  Geese. 

22.  Fees  of  pound  keeper  and  magis- 

trates. 


Animals  Prohibited  Running  at  Large.]  § 1.  No  animal 
of  the  species  of  cattle,  horse,  mule,  ass,  swine,  sheep,  goat,  nor  any 
goose,  shall  be  permitted  to  run.  or  be  at  large  within  the  corporate 
limits  of  the  city  of  Danville. 


10 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


Penalty  for  Stock  Being  at  Large.]  § 2.  Whoever,  be- 
ing the  owner,  or  possessor,  of  any  such  animal,  or  goose,  shall  suffer 
or  permit  the  same  to  run  or  be  at  large,  shall  forfeit  and  pay  the 
following  penalties  for  each  offense,  together  with  the  costs  for  taking 
up  and  impounding,  and  all  expense  of  sustenance,  for  such  animal, 
when  impounded,  as  hereinafter  provided,  viz : For  each  animal  of 

the  species  of  cattle,  horse,  mule  or  ass,  the  sum  of  two  dollars ; for 
each  swine,  sheep  or  goat,  the  sum  of  fifty  cents;  for  each  sucking 
pig  and  for  each  goose,  the  sum  of  ten  cents. 

Pound  and  Pound  Keeper.]  § 3.  The  city  council  shall 
provide  a suitable  pound,  or  pounds,  which  shall  be  under  the  care 
and  control  of  the  pound  keeper  of  said  city.  The  mayor  may,  as 
provided  by  law,  appoint  a suitable  person  pound  keeper,  who  shall, 
before  entering  upon  the  duties  of  his  office,  execute  a bond  with 
security  to  be  approved  by  the  city  council,  in  the  penal  sum  of  one 
thousand  dollars,  conditioned  for  the  faithful  performance  of  the 
duties  of  his  office,  and  for  the  payment  of  all  moneys  received  by 
him  according  to  law  and  the  ordinances  of  said  city.  Or  the  city 
council,  in  the  absence  of  any  appointment  of  a pound  keeper  by  the 
mayor  as  aforesaid,  may,  by  resolution,  direct  .that  the  city  marshal 
or  any  police  officer  shall  act  as  pound  keeper,  in  which  case,  he  shall 
be  the  pound  keeper  of  said  city,  and  shall  have  all  the  powers  and 
emoluments,  and  shall  perform  all  the  duties,  belonging  to  said  office 
as  herein  provided.  The  said  marshal  or  police  officer  shall  also  give 
a bond  as  pound  keeper  in  like  sum,  with  the  same  conditions,  as, 
herein  provided. 

Pound  Keeper  to  Take  up  Animals — Feed  for  Same.] 

§ 4.  It  shall  be  the  duty  of  the  pound  keeper  to  take  up  and  im- 
pound all  animals  found  running  at  large  in  violation  of  the  ordi- 
nances of  said  city ; and  also  to  receive  and  impound  any  such 
animals  when  lawfully  taken  up  by  any  other  person.  During  the 
stay  of  any  animal  in  the  pound,  he  shall  feed  and  water  the  same. 

Duty  of  Policeman.]  § 5.  Every  police  officer  of  said  city 
shall  forthwith  take  up  and  impound  any  animal  known  by  him  or 
creditably  reported  to  him  to  be  unlawfully  at  large  within  the  city; 
and  to  cause  suit  to  be  instituted  against  the  owner  or  possessor  of 
such  animal  for  violation  of  this  ordinance  in  so  permitting  such 
animal  to  be  at  large.  Any  officer  neglecting  or  refusing  so  to  do 
shall  be  fined  not  less  than  five  dollars,  nor  more  than  fifty  dollars 
for  each  offense. 

Citizens  May  Take  up  Animals.]  § 6.  It  shall  be  lawful 
for  any  citizen  of  the  said  city  to  take  up  any  animal  unlawfully  at 
large,  and  either  drive  the  same  to  the  pound,  or  confine  the  animal 
in  some  safe  and  convenient  place,  and  immediately  notify  the  pound 
keeper,  or  some  police  officer  of  the  city,  and  the  officer  so  notified 
shall  forthwith  take  charge  of  such  animal  and  impound  the  same. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE 


11 


Redemption  of  Animals.]  §7.  At  any  time  before  the  sale 
of  any  impounded  animal,  the  owner  or  person  entitled  to  the  pos- 
session thereof,  may  redeem  the  same  by  paying  to  the  pound  keeper 
the  sums  following:  In  all  cases  where  no  judicial  proceeding  has 

been  commenced,  as  herein  provided,  the  fees  for  taking  up  and  im- 
pounding, and  thq  cost  for  feeding  and  sustenance  up  to  date  of 
redemption,  shall  be  the  redemption  money;  in  any  case  where  a 
judicial  proceeding  has  been  commenced,  but  no  judgment  rendered, 
then  the  redemption  money  shall  be  the  said  fee  for  taking  up  and 
impounding  fees,  costs  of  sustenance  and  feed  and  the  costs  accrued 
in  such  judicial  proceeding ; where  such  judicial  proceeding  has  been 
commenced,  and  judgment  rendered,  then  such  judgment,  the  costs 
of  such  proceeding,  together  with  subsequently  accrued  costs,  and 
charges  for  sustenance,  shall  be  the  redemption  money  to  be  paid. 

Proceeding  When  Animal  is  not  Redeemed — Owner  is 
Known.]  § 8.  When  any  impounded  animal  is  not  redeemed 
within  twenty-four  hours  after  the  same  is  impounded,  the  pound 
keeper  shall  forthwith  make  complaint  before  a police  magistrate  or 
some  justice  of  the  peace  against  the  owner  or  possessor  of  such 
animal,  if  known,  and  thereupon  a summons  shall  be  issued,  as  in 
other  cases  for  the  violation  of  the  ordinances  of  said  city,  and  upon 
the  return  of  such  summons,  or  the  defendant  having  appeared,  it 
shall  be  the  duty  of  the  magistrate  to  inquire  whether  the  defendant 
has  been  guilty  of  permitting  such  animal  to  be  at  large  contrary  to 
the  provisions  of  this  chapter  ; and  if  the  defendant  be  found  guilty, 
judgment  shall  be  rendered  against  him  for  the  penalty,  impounding 
fee,  and  costs  of  sustenance  herein  prescribed,  and  the  costs  of  suit, 
and  an  order  shall  be  entered  that  the  animal  shall  be  sold  to  satisfy 
said  judgment,  in  case  the  same  shall  not  be  paid  forthwith.  Such 
order  shall  describe  the  animal,  and  state  the  time  and  place  of  im- 
pounding the  same. 

Proceeding  Where  Owner  is  Unknown.]  § 9.  When  the 
owner  of  any  animal  impounded  is  unknown,  the  pound  keeper  shall 
make  complaint  as  provided  in  the  last  section,  against  the  unknown 
owner  of  such  animal,  describing  the  same,  and  thereupon  the  magis- 
trate before  whom  such  complaint  shall  be  made,  shall  docket  the 
case  in  the  name  of  the  city  versus  the  unknown  owner  of  such  animal 
(describing  it  with  reasonable  certainty)  and  shall  issue  a notice  in 
substance  as  follows,  viz  : 

POUND  NOTICE. 

Whereas,  complaint  has  this  day  been  made  before  me,  that  the  unknown 
owner  of  the  following  described  animal,  to-wit : (here  describe  animal  particularly), 

impounded  at on  the day  of A.  D.  18 has  permitted 

the  same  to  run  at  large  contrary  to  the  ordinances  of  the  city  of  Danville. 

Now,  therefore,  notice  is  hereby  given  to  the  owner  of  such  animal...,  and  all 
persons  interested  in  the  same,  that  a trial  will  be  had  upon  the  said  complaint,  at  my 


12 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


office,  in  the  city  of  Danville,  on  the day  of , A.  D.  18 , at  the  hour 

°f M.,  when  and  where  the  owner  or  other  person  interested  may  appear 

and  defend,  if  he  see  fit  so  to  do. 

Witness  my  hand  and  seal  this day  of A.  D.  18 

P.  M.  or  J.  P.  [L.  S.] 

The  day  named  in  said  notice  for  trial  shall  not  be  less  than  five 
days,  nor  more  than  ten  days  from  the  time  of  issuing  the  same  ; and 
it  shall  be  the  duty  of  the  pound  keeper,  city  marshal,  or  any  police- 
man, forthwith  to  post  three  copies  of  said  notice  in  three  public 
places  in  said  city.  The  officer  posting  said  notices  shall  return  a 
copy  thereof  to  the  office  of  the  magistrate  issuing  the  same,  with  his 
return,  showing  the  time  and  places  of  such  posting,  indorsed  thereon. 

Trial  After  Notice — Judgment.]  § io.  When  the  notice 
has  been  given  as  required  by  the  last  section,  then  upon  the  day 
and  hour  named  in  such  notice,  if  the  said  animal  has  not  been  re- 
deemed, the  justice  or  magistrate  issuing  such  notice  shall  proceed 
to  hear  the  case,  as  in  the  case  of  personal  service  of  summons ; and 
if  he  finds  that  such  animal  has  been  lawfully  and  justly  impounded, 
he  shall  render  judgment  accordingly,  and  shall  also  render  judgment 
for  the  amount  of  fees,  costs,  expenses  and  charges  incurred  in  the 
taking  up,  impounding,  feeding  and  sustenance  of  such  animal,  in- 
cluding the  costs  of  said  suit,  and  he  shall  enter  upon  his  docket  an 
order  for  the  sale  of  such  animal  to  satisfy  said  judgment. 

Proceedings  Against  Non-Resident  Owners.]  § n.  If  the 
name  of  the  owner,  or  possessor  of  any  impounded  animal,  is  known, 
but  he  resides,  or  has  gone  out  of  the  city,  so  that  summons  cannot 
be,  served  upon  him  as  provided  by  section  8 hereof,  then  like  pro- 
ceedings shall  be  had  and  like  judgment  rendered,  as  in  the  case  of 
unknown  owners,  as  provided  in  section  9 and  10  hereof,  except  that 
the  notices  provided  for  in  section  9 shall  be  addressed  to  such 
owner  or  possessor  by  name,  and  an  additional  copy  of  said  notice 
shall  be  issued  and  sent  by  mail,  addressed  to  such  owner  or  pos- 
sessor, at  his  post  office  address.  If  his  post  office  address  is  not 
known,  and  upon  diligent  inquiry  cannot  be  ascertained,  then  such 
fact  shall  appear  in  the  return  of  the  officer  executing  said  notices, 
upon  the  copy  of  said  notice  by  him  filed  in  the  office  of  the 
magistrate. 

Order  of  Sale.]  § 12.  Upon  the  rendition  of  any  judgment 
as  prescribed  in  sections  eight,  ten  and  eleven  of  this  chapter,  the 
magistrate  rendering  the  same  shall  issue  to  the  pound  keeper  an 
older  of  sale,  which  shall  be  substantially  in  the  following  form : 

The  People  of  the  State  of  Illinois  to  pound  keeper  : 

We  command  you  that  of  the  following  described  goods  and  chattels,  to-wit : 
(here  describe  animal),  the  property  of  (here  insert  the  name  of  the  owners  if  known, 
if  not,  then  say:  “some  person  unknown")  you  make  the  sum  of.... dollars 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


13 


and cents  debt,  and dollars  and  cents  costs,  which  the  city  of 

Danville  lately  recovered  before  me,  against  the  said and  hereof  make  due 

return  in  what  manner  you  execute  the  same. 

Given  under  my  hand  and  seal  this day  of A.  D.  18 

P.  M.  or  J.  P.  [L.  S.] 

Which  order  shall  be  returned  by  such  pound  keeper,  within 
thirty  days  from  its  date,  to  the  office  issuing  the  same,  with  his 
return  indorsed  thereon  showing  when  and  how  the  same  was  ex- 
ecuted. 

Pound  Keeper’s  Notice  of  Sale.]  § 13.  Upon  the  receipt 
of  such  order,  the  pound  keeper  shall  immediately  post  three  notices, 
in  three  several  public  places  in  said  city,  which  notices  may  be  in 
substance  as  follows  : 

POUND  NOTICE. 

Taken  up  and  impounded  in  the  city  pound  of  the  city  of  Danville,  at  (here 

state  place  of  pound),  the  following  described  animal : which,  unless  redeemed, 

will  be  sold  at  public  auction  for  cash  to  the  highest  bidder,  at  ... ai  the  hour 

of o’clock  M.,  on  the  day  of  A.  D.  18 

, pound  keeper. 

The  day  of  sale  mentioned  in  said  notices  shall  not  be  less  than 
three  nor  more  than  five  days  after  posting  the  same,  exclusive  of 
Sundays,  holidays,  and  election  days ; and  if  the  said  animal  is  not 
redeemed,  the  pound  keeper  shall  sell  the  same  in  accordance  with 
said  notice. 

Pound  Keeper’s  Book — Proceeds  of  Sale.]  § 14.  The 
pound  keeper  shall  keep  a book,  to  be  provided  by  the  city,  which 
shall  be  open  to  the  inspection  of  the  public,  in  which  he  shall 
record  a description  of  all  animals  impounded,  with  the  date  of  im- 
pounding each,  the  owner’s  name  if  known,  the  name  of  the  person 
or  officer  by  whom  the  animal  was  taken  up,  also  what  disposition 
was  made  of  such  animal,  when  and  by  who  redeemed,  or,  in  case 
of  sale,  the  date  of  sale,  the  name  of  the  purchaser  and  the  amount 
received  therefor;  and  said  pound  keeper  shall  within  ten  days  after 
every  sale  of  animals,  as  herein  provided,  pay  into  the  city  treasury 
all  moneys  received  by  him  in  excess  of  the  fees,  costs,  and  charges 
accruing  to  him,  and  the  costs  accruing  in  the  judicial  proceedings, 
which  last  named  costs  he  shall  pay  over  to  the  magistrate  issuing 
the  order  of  sale. 

Surplus  Proceeds  Paid  to  Owner.]  § 15.  If  any  surplus 
proceeds  of  any  sale  shall  have  been  paid  into  the  city  treasury,  the 
owner  of  the  animal  so  sold  shall  be  entitled  to  receive  such  surplus, 
less  all  costs  and  charges  which  may  have  accrued  to  the  officers  of 
the  city,  upon  presenting  to  the  city  council,  or  the  proper  committee 
thereof,  satisfactory  proof  of  his  ownership,  together  with  a certificate 
of  the  pound  keeper,  of  the  amount  of  such  surplus. 


14 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


Breaking  Pound — Hindering  Impounding  of  Animals — Pen- 
alty.] § 16.  Whoever  shall  break  open,  or  in  any  manner,  directly 
or  indirectly,  aid  or  assist  in,  or  counsel  or  advise  the  breaking  open 
of  any  city  pound,  or  shall  take  or  attempt  to  take  therefrom  any 
impounded  animal  without  the  pound  keeper’s  consent;  or,  whoever 
shall  hinder,  delay,  or  obstruct  the  taking  of  any  animal  found  un- 
lawfully at  large,  to  the  pound,  or  shall  attempt  to  prevent  the 
impounding  thereof,  in  any  manner,  shall,  in  either  case,  be  fined  not 
less  than  ten  dollars,  nor  more  than  one  hundred  dollars. 

Wrongful  Taking  of  Animals — Penalty.]  § 17.  Any  per- 
son who  shall  take  or  drive  any  animal  from  any  inclosed  lot  or  tract 
of  ground,  or  from  any  stable  or  other  building,  or  from  outside  of 
the  city  limits,  to  any  pound  in  said  city,  or  with  intent  that  such 
animal  may  be  impounded,  shall  be  fined  not  less  than  five  dollars, 
nor  more  than  twenty  dollars  for  every  animal  so  taken  or  driven  as 
aforesaid. 

Report  of  Pound  Keeper.]  § 18.  The  pound  keeper  shall 
at  each  regular  meeting  of  the  city  council  make  a full  and  complete 
report,  under  oath,  of  all  animals  impounded,  the  names  of  the 
owners  thereof,  the  disposition  made  of  such  animals,  and  all  the 
receipts  and  expenditures  of  and  for  his  pound,  and  shall  file  there- 
with the  receipt  of  the  treasurer  for  all  money  paid  into  the  city 
treasury. 

Additional  Pounds  and  Pound  Keepers.]  § 19.  The  mayor, 
and  city  council,  at  any  time  when  they  may  think  the  interests  of 
the  city  may  require  it,  shall  establish  additional  pounds,  and  appoint 
additional  pound  keepers,  who,  when  so  appointed,  shall  be  subject 
to  all  the  provisions  of  this  chapter. 

Compensation  to  Marshal  or  Policeman.]  § 20.  When  the 
city  marshal,  or  any  policeman  of  the  city,  is  by  order  of  the  city 
council  directed  to  act  as  pound  keeper,  then  the  fees  and  charges 
allowed  the  pound  keeper,  under  and  by  this  chapter,  shall  be  con- 
sidered as  compensation  as  pound  keeper,  and  shall  be  allowed  in 
addition  to  the  regular  salaries  allowed  him  as  city  marshal  or  police- 
man, respectively. 

Geese.]  § 21.  All  the  provisions  of  this  ordinance  wherein 
geese  are  not  specifically  mentioned,  shall  be  construed  to  apply  to 
the  taking  up  and  impounding  of  geese,  as  well  as  animals. 

Fees  of  Pound  Keeper  and  Police  Magistrate.]  § 22. 
There  shall  be  allowed  the  pound  keeper  of  said  city  the  following 
fees  for  services  under  the  provisions  of  this  ordinance : 

For  taking  up  animals  and  putting  them  in  pound,  as  follows : 

For  each  hog  (except  sucking  pigs),  twenty-five  cents.  For  each 
sucking  pig,  goose,  goat  or  sheep,  ten  cents.  For  all  other  animals 
taken  up,  fifty  cents  each. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


15 


For  providing  feed  and  sustenance  for  impounded  animals  the 
following  fees  shall  be  allowed  for  each  day,  or  part  of  a day  : For 

each  hog  (except  sucking  pigs),  sheep  or  goat,  twenty-five  cents.  For 
each  sucking  pig  or  goose,  ten  cents.  For  all  other  animals,  fifty 
cents  each. 

There  shall  also  be  allowed  and  charged  as  an  impounding  fee, 
for  receiving  and  taking  animals  into  the  pound,  the  following  fees : 

For  each  hog  (except  sucking  pigs),  sheep  or  goat,  twenty-five 
cents.  For  each  sucking  pig  or  goose,  ten  cents.  For  all  other 
animals,  one  dollar  each. 

For  posting  advertisements,  under  this  ordinance,  to  owners  of 
animals  the  following  fees  shall  be  allowed  : For  each  hog,  goat  or 

goose,  ten  cents.  For  all  other  animals,  twenty-five  cents. 

For  selling  any  impounded  animals  under  any  older  of  sale, 
issued  by  a court  of  competent  jurisdiction,  the  following  fees  shall 
be  allowed  : For  selling  hogs  (sucking  pigs  excepted),  sheep  or 

goats,  twenty-five  cents  each.  For  each  sucking  pig  or  goose,  ten 
cents.  For  all  other  animals,  one  dollar  each. 

Police  magistrates,  or  justices  of  the  peace,  shall  be  allowed,  in 
all  cases  under  this  ordinance,  the  same  fees  for  docketing  suits  and 
issuing  process  of  all  kinds,  and  for  other  services,  as  are  now  pro- 
vided by  statute  in  civil  cases,  to  be  taxed  and  collected  as  is  now 
provided  by  ordinance  and  statute. 


16 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


CHAPTER  IV. 

AUCTIONS  AND  AUCTIONEERS. 

Section.  Section. 

1.  Sale  of  goods  at  auctions  to  be  by  4.  Clerks. 

auctioneers.  5.  Revocation  of  license. 

2.  License  fee  and  bond.  6.  Selling  on  streets. 

3.  License,  how  obtained — not  transfer-  7.  Substitution  of  articles — penalty. 

able.  8.  Penalties  for  violation  of  chapter. 

Sale  of  Goods  at  Auction  to  be  Made  by  Auctioneers.] 
§ 1.  All  sales  of  goods,  wares,  merchandise,  or  other  personal 
property,  at* public  auction,  within  the  city,  except  such  as  are  made 
under  and  by  virtue  of  legal  process,  shall  only  be  made  by  a person, 
or  his  authorized  clerk,  who  shall  have  first  obtained  a license  for 
such  purpose,  and  executed  a bond  to  said  city,  as  herein  provided. 

License  Fee  and  Bond.]  § 2.  A person  may  become  an  auc- 
tioneer, and  be  licensed  to  sell  personal  property  at  public  auction, 
at  a place  to  be  named  in  the  license,  upon  paying  to  the  city  clerk  a 
license  fee  of  fifty  dollars  per  annum,  and  executing  a bond  to  the 
city,  with  sureties  to  be  approved  by  the  mayor,  in  the  penal  sum  of 
one  thousand  dollars,  conditioned  for  the  due  observance  of  the  ordi- 
nances of  said  city,  for  the  prompt  payment  to  the  city  of  all  moneys 
belonging  to  the  same,  and  for  the  prompt  payment  of  all  moneys 
and  the  delivery  of  all  goods  that  may  come  into  his  hands  in  his 
business,  to  the  persons  entitled  to  receive  the  same  : Provided , that 

licenses  may  be  issued  under  the  provisions  of  this  chapter  for  three 
months,  upon  the  payment  of  the  sum  of  twenty-five  dollars ; but 
no  such  license  shall  issue  for  a longer  period  than  one  year,  nor 
less  than  three  months. 

License,  How  Obtained — Not  Transferable.]  § 3.  Any 
person  who  may  wish  to  obtain  a license  under  this  chapter,  shall  ap- 
ply in  writing  for  the  same  to  the  mayor,  setting  forth  in  such  appli- 
cation his  proposed  place  of  business,  the  names  of  any  partner,  or 
clerk,  who  will  be  engaged  in  such  business,  the  length  of  time  for 
which  such  license  is  desired,  and  the  names  of  his  sureties.  If  the 
mayor  grants  such  license,  he  shall  make  an  indorsement  to  that 
effect  upon  such  application,  and  the  same  shall  thereupon  be  present- 
ed to  the  city  clerk.  In  no  case  shall  such  license  be  transferable, 
nor  shall  any  other  person,  partner  or  firm  do  business  under  the 
same,  other  than  the  person  therein  named,  nor  shall  the  place  of 
business  therein  named  be  changed,  without  the  consent  of  the  mayor 
indorsed  thereon. 

Clerks.]  § 4.  The  said  license  shall  designate  who  are  per- 
mitted to  do  business  under  and  by  virtue  of  the  same,  either  as 
principal,  agent  or  clerk.  And  if  any  other  person  is  employed  as 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


17 


agent  or  clerk,  to  do  business  under  such  license,  the  consent  of  the 
mayor  shall  be  first  had  and  obtained,  and  indorsed  on  said  license. 

Revocation  of  License.]  § 5.  All  licenses  shall  be  subject 
to  revocation  by  the  mayor,  or  the  city  council,  whenever  it  shall  ap- 
pear to  his,  or  their  satisfaction,  that  the  party  so  licensed,  his  agent 
or  clerk,  has  violated  any  of  the  provisions  of  any  ordinance  relating 
to  auctions  or  auctioneers,  or  any  of  the  conditions  of  the  bond 
aforesaid. 

Selling  on  Streets.]  § 6.  Any  auctioneer  having  a license, 
as  aforesaid,  or  his  clerk  may  sell  at  public  auction  within  any  of  the 
streets  or  alleys,  squares  or  commons  of  the  city,  any  horses,  mules, 
cattle,  or  any  wagon,  carriage,  or  other  vehicle,  or  any  article  too 
cumbrous  to  be  removed  to  his  place  of  business,  by  obtaining  written 
permission  from  the  mayor ; but,  except  as  herein  provided,  no  arti- 
cle shall  be  sold  at  public  vendue  by  such  persons,  on  the  streets, 
alleys,  public  squares  or  commons  as  aforesaid. 

Substitution  of  Articles — Penalty.]  § 7.  Whoever  shall 
exhibit  and  offer  for  sale  at  auction  any  article,  and  induce  its  pur- 
chase by  any  bidder,  and  shall  afterwards  substitute  any  other  article 
in  lieu  of  that  offered  to,  and  purchased  by  the  bidder ; or  whoever 
shall,  while  engaged  in  or  about  the  making  of  any  auction  sale,  be 
guilty  of  any  device,  trick,  or  fraudulent  practice  with  intent  thereby 
to  deceive  or  defraud  any  bidder,  shall  be  fined  fifty  dollars,  and  the 
license  of  such  person  shall  be  deemed  forfeited. 

Penalties.]  § 8.  Any  person  who  shall  sell,  or  attempt  to  sell, 
at  public  auction  any  personal  property  whatever,  except  under  legal 
process,  without  first  having  obtained  a license  therefor,  as  above 
required,  shall,  on  conviction  thereof  be  fined  not  less  than  ten  dol- 
lars, nor  more  than  one  hundred  dollars  for  each  offense;  any  licensed 
auctioneer  who  shall  permit  any  other  person  than  such  partner,  agent 
or  clerk,  whose  names  are  designated  in  his  license,  to  sell  any  article 
at  auction  at  the  place  designated  in  such  license,  without  having 
permission  from  the  mayor  for  such  person  to  sell,  indorsed  on  his 
license,  shall  be  fined  not  less  than  five  dollars,  nor  more  than  one 
hundred  dollars ; and  such  person  so  selling  as  partner,  agent,  clerk 
or  otherwise,  without  such  permission  from  the  mayor,  shall  also  be 
fined  not  less  than  five  dollars,  nor  more  than  twenty-five  dollars  for 
each  offense.  Any  person  violating  any  provision  of  this  chapter, 
where  no  other  penalty  is  imposed,  shall  be  fined  not  less  than  five 
dollars,  nor  more  than  one  hundred  dollars  for  each  offense. 


18 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


CHAPTER  V. 

BILLIARDS,  TEN  PINS,  ETC. 

Section.  Section. 

1.  Penalty  for  billiard  tables,  ten-pin  al-  4.  Minors  playing  or  loitering — Where 

leys,  etc.,  without  license.  liquor  sold — Prohibited. 

2.  License  fees.  5.  Minors  playing  or  loitering  where 

3.  Billiard  Rooms,  etc. — When  closed.  liquor  not  sold. 

Billiard  Table,  Ten-Pins,  etc.,  Without  License — Pen- 
alty.] § 1.  Whoever  shall  keep  within  the  city  of  Danville  any 
billiard,  pool,  or  pigeon-hole  table,  or  any  ball  or  ten-pin  alley,  to  be 
used  or  played  upon  by  others  for  hire  or  gain,  without  a license 
therefor,  shall  be  fined  not  less  than  five  dollars,  nor  more  than  one 
hundred  dollars,  for  each  time  any  person  may  be  permitted  to  play 
thereon  or  therewith. 

License  Fees.]  § 2.  There  shall  be  taxed  and  collected  for 
a license  to  keep  a billiard  table  for  one  year,  ten  dollars  for  one 
table,  and  five  dollars  for  each  additional  table.  There  shall  be 
taxed  and  collected  for  a license  to  keep  a ten-pin  or  ball  alley,  for 
one  year,  ten  dollars  for  one  alley,  and  five  dollars  for  each  additional 
alley.  There  shall  be  taxed  and  collected  for  a license  to  keep  a 
bagatelle  table,  or  a pigeon-hole  table,  ten  dollars  each. 

Billiard  Rooms,  etc. — When  Closed — Penalty.]  § 3.  All 
billiard  rooms  and  ten-pin  or  ball  alleys  shall  be  kept  closed  on  Sun- 
day, and  on  week  days  they  shall  be  closed  by  ten  o’clock  in  the 
evening  of  each  day  and  be  kept  closed  until  five  o’clock  in  the 
morning  of  the  next  day  following.  Any  person  violating  this  sec- 
tion shall  for  each  offense  be  fined  not  less  than  ten  dollars,  nor  more 
than  fifty  dollars. 

Minors  Playing  or  Loitering — Where  Liquors  are  Sold 
— Penalty.]  § 4.  No  keeper  of  any  billiard,  bagatelle  or  pigeon- 
hole table,  or  ten-pin  or  ball  alley,  kept  in  a room  or  place  where 
intoxicating  liquors  are  sold,  shall  allow  any  minor  to  frequent  or 
loiter  about  or  remain  in  the  said  premises,  or  to  play  at  any  game  or 
roll  any  ball  upon  any  such  table  or  alley  therein,  under  a penalty  of 
not  less  than  ten  dollars  nor  more  than  fifty  dollars  for  each  violation 
of  this  section,  and  upon  conviction  thereof  shall  forfeit  his  license. 

Minors  Playing  or  Loitering  at  Other  Places— Penalty.] 
§ 5.  No  keeper  of  any  billiard  room  or  ten-pin  or  ball  alley  kept  in 
a room  or  place  where  intoxicating  liquors  are  not  sold,  shall  allow 
any  minor  to  play  at  any  game  upon  any  table  or  alley  kept  by  him, 
nor  shall  he  permit  any  such  minor  to  frequent  or  loiter  about,  or 
remain  in  the  said  premises,  unless  upon  the  written  consent  of  the 
parent  or  guardian  of  such  minor,  or  his  employer,  if  he  has  no  parent 
or  guardian,  under  a penalty  of  not  less  than  five  dollars,  nor  more 
than  twenty  dollars  for  each  violation  of  this  section. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


19 


CHAPTER  VI. 

BUTCHERS  AND  MARKETS. 

Section.  Section. 

1.  Butchers’  license.  5.  Other  unwholesome  provisions. 

2.  Butchers  to  keep  book.  6.  Displaying  fruit,  etc.,  on  benches. 

3.  Penalty  for  killing  diseased  animals.  7.  Inspectors  of  meat  and  provisions. 

4.  Selling  flesh  of  diseased  animals. 

Butchers’  License.]  § i.  Whoever  shall  pursue  the  calling 
of  a butcher  within  the  city  of  Danville,  without  first  having  obtained 
a license  therefor,  as  provided  by  this  chapter,  shall  be  fined  not  less 
than  ten  dollars,  nor  more  than  one  hundred  dollars.  The  rate  of 
butchers’  license  shall  be  ten  dollars  per  year,  or  a proportionate  sum 
for  any  less  period.  Every  dealer  in  fresh  meat  shall  be  deemed  a 
butcher  within  the  meaning  of  this  chapter:  Provided , that  this 

section  shall  not  appply  to  persons  who  buy  and  sell  chickens  or 
turkeys,  or  dealers  in  fish  and  game. 

Butchers  to  Keep  Book,  etc.]  § 2.  Every  butcher  shall 
keep  a well  bound  book,  properly  ruled,  in  which  he  shall  cause  to 
be  legibly  recorded  in  ink  a description  of  each  animal  either 
slaughtered  by  him,  or  the  flesh  of  which  he  keeps  for  sale,  which 
description  shall  set  forth  the  species,  sex,  color,  and  age,  if  known, 
of  such  animal,  and  also  the  name  and  place  of  residence  of  the 
person  from  whom  such  animal  was  obtained,  and  the  date  when 
slaughtered.  And  if  such  animal  was  a bull,  stag,  ram  or  boar,  that 
fact  shall  be  entered  as  a part  of  such  description.  Such  book  shall 
at  all  times  be  subject  to  the  inspection  of  any  city  officer,  and  any 
person  proposing  to  buy  the  flesh  of  any  animal  may  demand  to  see 
the  recorded  description  of  such  animal.  Any  butcher  failing  to 
keep  a book  as  herein  required,  or  failing  to  make  truthful  entries 
therein  as  above  set  forth,  or  failing  or  refusing  to  exhibit  such  book 
on  demand  to  any  person  having  a right  to  inspect  the  same,  shall  be 
fined  for  each  offense  not  less  than  five  dollars,  nor  more  than  one 
hundred  dollars. 

Killing  Diseased  Animals,  etc.]  § 3.  Whoever  shall 
slaughter  within  said  city,  or  within  one  mile  of  the  limits  thereof, 
any  emaciated,  sick,  sore,  bruised,  wounded,  diseased  or  disordered 
animal,  or  any  animal  which  has  been  within  twenty-four  hours  next 
before  the  time  of  slaughtering  excessively  driven,  so  as  to  become 
heated,  or  any  calf  under  four  weeks  old,  or  any  female  animal  far 
gone  with  young,  shall  be  fined  not  less  than  twenty-five  dollars,  nor 
more  than,one  hundred  dollars. 

Selling  Diseased  Animals  or  Flesh  of  Same.]  § 4.  Who- 
ever shall  sell,  offer  to  sell,  or  keep,  or  expose  for  sale  within  said 


20 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


city,  any  emaciated,  sick,  crippled,  sore,  bruised,  w.ounded,  diseased 
or  disordered  animal,  with  intent  that  the  same  shall  while  in  such 
condition  be  slaughtered  for  food,  or  shall  sell,  offer  to  sell,  keep  or 
expose  for  sale  within  said  city  the  flesh  of  any  such  animal,  or  any 
tainted  or  unwholesome  fresh  meat,  or  the  flesh  of  any  animal  coming 
to  its  death  naturally,  or  by  any  means  other  than  the  usual  mode  of 
slaughtering  animals  for  food,  or  the  flesh  of  any  calf  slaughtered 
under  the  age  of  four  weeks,  or  any  female  animal  which  at  the  time 
of  slaughtering  was  far  gone  with  young,  shall  for  each  or  either  of 
said  offenses  be  fined  not  less  than  twenty-five  dollars,  nor  more  than 
two  hundred  dollars. 

Other  Unwholesome  Provisions.]  § 5.  Whoever  shall  sell, 
expose  or  offer  for  sale  any  sick  or  diseased  fowl,  bird,  game,  poultry 
or  fish,  to  be  used  for  food,  or  the  flesh  of  the  same,  or  the  flesh  of 
any  such  fowl,  bird,  game,  poultry  or  fish,  after  the  same  has  become 
tainted,  decayed  or  unwholesome  from  any  cause,  or  the  flesh  of  any 
animal,  fowl,  bird,  game,  or  fish  not  used  or  deemed  wholesome  for 
food,  or  any  tainted,  decayed,  unsound  or  unwholesome  provisions  or 
articles  of  food  of  any  kind  whatever,  or  any  adulterated  or  per- 
nicious drink  or  liquors,  shall  be  fined  not  less  than  ten  dollars,  nor 
more  than  one  hundred  dollars  for  each  offense. 

Displaying  Fruit,  Vegetables,. etc. , on  Benches.]  § 6. 
Whoever,  as  a merchant,  grocer,  butcher  or  huckster,  shall  display, 
exhibit  or  temporarily  store  in  front  of  his  place  of  business,  any 
fruit,  vegetable  or  farinaceous  article  of  commerce,  unless  the  same  be 
so  exhibited,  displayed  or  temporarily  stored  upon  a bench  or  plat- 
form erected  at  least  three  feet  above  the  level  of  the  sidewalk,  shall 
be  guilty  of  a misdemeanor,  and  fined  not  less  than  one  dollar,  nor 
more  than  five  dollars. 

Inspectors  of  Meat  and  Provisions.]  § 7.  Every  member 
of  the  police  department,  and  all  members  of  the  board  of  health  of 
said  city,  are  hereby  made  and  constituted  ex-officio  inspectors  of 
meat  and  provisions,  in  and  for  said  city.  Every  such  officer  shall  be 
entitled  on  demand  made  by  him,  to  see  and  inspect  any  fresh  meat 
which  any  butcher,  or  other  person,  may  keep  or  have  on  hand 
within  the  city,  as  well  as  any  live  animal  obtained  or  designed  by 
any  butcher,  or  other  person,  for  slaughter.  Such  officer  shall  also 
have  the  right  to  see  and  inspect  all  fowls,  game,  birds,  poultry,  fish, 
as  well  as  all  other  kinds  of  meat,  and  all  kinds  of  provisions,  includ- 
ing fruits  and  milk,  which  shall  be  kept  on  hand,  or  exposed  or 
offered  for  sale,  by  any  butcher,  huckster,  grocer,  milkman,  dealer, 
or  other  person.  And  any  person  who  shall  refuse  to  permit  such 
inspection,  on  demand  made  on  him,  or  shall  hinder  or  delay  such 
officer  in  making  the  same,  or  shall  give  false  answers  to  any  question 
asked  by  such  officer  touching  any  fresh  meat  or  any  animal  intended 
for  slaughter,  shall  in  either  case  be  fined  not  less  than  three  dollars, 
nor  more  than  one  hundred  dollars.  And  upon  such  inspection,  if 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


21 


such  officer  shall  find  any  of  the  articles  enumerated  in  this  section 
unwholesome  or  unfit  for  use  as  food,  it  shall  be  the  duty  of  such 
officer  to  condemn  the  same,  and  notify  the  owner  thereof,  or  the 
person  having  charge  of  the  same,  to  remove  or  withdraw  the  same 
from  sale,  and  upon  the  failure  or  refusal  of  such  person  to  withdraw 
such  article  from  the  market,  it  shall  then  be  the  duty  of  such  officer 
to  prosecute  such  person  for  a violation  of  section  four  or  five  of  this 
chapter. 


CHAPTER  VII. 

CLAIMS  AGAINST  CITY. 

Section.  Section, 

i.  Claims  sworn  to  and  referred. 

Claims  Must  be  Sworn  to,  and  Referred.]  § i.  No 
claim  or  account  against  the  city  of  Danville,  except  for  the  salaries 
of  its  regularly  elected  or  appointed  and  commissioned  officers,  or  for 
the  payment  of  a special  contract  made  by  the  city  council,  or  by 
some  officer  of  the  city  authorized  by  ordinance  to  make  contracts, 
shall  be  considered,  audited  or  allowed;  nor  shall  any  warrant  issue 
for  the  payment  thereof,  unless  the  person  presenting  the  same,  or 
some  credible  person  for  him,  shall  make  oath  before  some 
officer  duly  authorized  by  law  to  administer  oaths,  before  filing 
the  same,  that  such  claim  or  account  is  true,  just  and  correct,  and 
that  the  charges  therein  are  reasonable;  nor  shall  such  warrant  issue 
until  said  claim  or  account  has  been  referred  to  and  examined  by  at 
least  two  of  the  committee  of  the  department  to  which  such  claim  or 
account  shall  appropriately  belong,  or  by  some  other  committee 
designated  by  the  council ; which  committee  shall  report  such  claim 
back  to  the  council  with  its  recommendation  indorsed  thereon, 
signed  by  the  members  thereof,  when  the  said  claim  or  account 
shall  then  be  acted  upon  by  the  council. 


22 


ORDINANCES  OF'  THE  CITY  OF  DANVILLE. 


CHAPTER  VIII.. 

« 

DOGS. 

Section.  Section. 

1.  Danger  of  hydrophobia — Proclama-  3.  Hitch  at  large  in  heat. 

tiorc  of  mayor.  4,  Dangerous  dogs-. 

2.  Dogs  a nuisance — When. 

Danger  of  Hydrophobia — Proclamation  of  Mayor.]  § 1. 
Whenever  the  mayor  of  the  city  of  Danville  shall  deem  it  advisable 
for  the  prevention  of  hydrophobia,  he  may  issue  his  proclamation 
requiring  all  dogs  within  the  city  to  be  confined,  or  to  be  securely 
muzzled  with  a wire  muzzle,  for  such  time  as  may  be  designated,  or 
until  otherwise  ordered,  and  during  such  time  it  shall  be  unlawful  for 
any  dog  to  go  or  be  at  large  unmuzzled. 

Dogs  at  Large  Unmuzzled  a Nuisance.]  § 2.  All  dogs 
running  at  large  within  the  city  contrary  to  the  provisions  of  the  pre- 
ceding section  are  declared  a nuisance,  and  shall  be  killed  by  the  city 
marshal  or  any  policeman  of  said  city.  And  the  owner  or  keeper  of 
any  such  dog  who  shall  knowingly  permit  the  same  to  run  at  large 
contrary  to  the  provisions  of  the  preceding  section,  shall  be  fined  not 
less  than  three  dollars,  and  not  exceeding  one  hundred  dollars. 

Bitch  at  Large  While  in  Heat.]  § 3.  Any  bitch  running 
at  large  while  in  heat  is  hereby  declared  a nuisance,  and  shall  be 
killed  by  the  city  marshal  or  any  policeman  of  said  city;  and  the 
owner  or  keeper  of  any  such  bitch  who  permits  the  same  to  run  at 
large,  when  in  heat,  shall  be  fined  not  less  than  three  dollars,  nor 
more  than  one  hundred  dollars. 

Dangerous  Dogs.]  § 4.  Any  owner  or  keeper  of  a fierce  or 
dangerous  dog  or  bitch,  who  shall  knowingly  permit  the  same  to  run 
at  large,  to  the  danger,  annoyance  or  damage  of  any  person  within  the 
city,  shall  be  deemed  guilty  of  a nuisance,  and  shall  be  subject  to  a 
penalty  of  not  less  than  three  dollars,  and  not  exceeding  one  hundred 
dollars;  and  upon  such  conviction  the. city  marshal  or  any  policeman 
shall  destroy,  or  cause  such  dog  or  bitch  to  be  destroyed. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


23 


CHAPTER  IX. 

ELECTIONS. 


Section.  Section. 

1.  Election,  where  held;  time,  notice,  17. 

districts  defined,  special  elections,  jg 

2.  Judges,  clerks,  appointment,  notices, 

etc. 

3.  Vacancies,  how  filled. 

4.  Oath.  r9' 

5.  Same. 

■6.  Ballot  boxes,  manner  of  voting.  2°' 

7.  Poll  books  and  blanks. 

8.  Time  of  opening  and  closing  polls,  2t- 

challengers.  22. 

9.  Proclamation  to  be  made  before  23. 

polls  are  opened  and  closed.  24. 

10.  Ballot  box  to  be  opened  and  publicly  23. 

exhibited  before  used.  26. 

11.  Clerks  to  keep  poll  list;  names  of  27. 

voters  to  be  entered  on  poll  list.  28. 

12.  Manner  of  voting;  ballots,  how  29. 

printed. 

13.  The  names  of  all  the  candidates  to 

be  placed  on  one  ballot. 

14.  Manner  of  depositing'  ballot ; duty 

of  judges  on  receiving  ballot.  30. 

15.  No  adjournment  until  result  is  an-  31. 

nounced. 

16.  Votes,  when,  where  and  how  can-  32. 

vassed ; number  to  correspond  33. 

with  names  on  poll  list ; excess  to 

be  destroyed. 

[;?.  O.  i8y6.] 

Election,  Where  Held — Time,  Notice,  etc.]  § 1.  A gen- 
eral election  for  all  elective  city  officers  shall  be  held  in  each  ward  of 
the  city,  on  the  third  Tuesday  of  April  of  each  year.  Each  ward 
shall  constitute  an  election  precinct,  but  the  city  council  may  divide 
any  ward  into  as  many  election  districts  as  the  convenience  of  the 
people  may  require,  defining  the  same  by  distinct  boundaries.  The 
city  council  shall  designate  the  place  or  places  in  which  the  election 
shall  be  held,  and  cause  notice  to  be  printed  in  some  newspaper  print- 
ed in  the  city,  or  posted  at  each  voting  place  in  the  city,  of  the  time 
and  places  of  election  and  the  officers  to  be  elected,  for  at  least 
twenty  days  prior  to  said  election.  Special  elections  shall  be  held 
and  conducted,  and  notice  thereof  given  in  the  same  manner  as  gen- 
eral elections. 

Judges,  Clerks,  Appointment,  Notice,  etc.]  § 2.  The 
city  council  shall,  at  least  twenty  days  before  an  election  in  said  city, 
appoint  by  ballot  three  legal  voters  in  each  election  precinct  or  dis- 
trict to  act  as  clerks  of  election  for  such  election.  The  city  clerk 


Ballots  not  counted,  when. 

Ballots  to  be  strung ; delivered  with 
poll  list  to  the  city  clerk ; city 
clerk  to  preserve  same. 

Returns,  how  made  ; form  of  certifi- 
cate. 

Returns  to  be  delivered  to  clerk 
within  two  days. 

Compensation  of  judges  and  clerks. 

Challenges. 

Who  may  vote. 

Residence  defined. 

Affidavit  of  qualification. 

Affidavit  of  witness. 

Who  may  administer  oaths. 

Convicts ; disqualification. 

City  clerk  to  notify  mayor  when  re- 
turns are  all  in  ; meeting  of  coun- 
cil to  be  called;  city  council  to 
canvass  returns  and  declare  re- 
sult. 

Tie  vote,  how  determined. 

Notice  to  person  elected ; person 
elected  to  qualify  in  ten  days. 

Order  to  be  preserved  at  polls. 

Dramshops  to  be  closed. 


24 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


shall  without  delay  after  the  first  appointment  of  the  judges  and 
clerks  of  an  election,  make  out  and  deliver  to  the  city  marshal  a cer- 
tificate of  the  appointment  to  each  of  such  persons  appointed  judges 
and  clerks,  and  the  marshal  shall  within  three  days  after  the  receipt 
of  such  certificate,  deliver  the  same  to  the  several  judges  and  clerks 
so  appointed. 

Vacancies,  How  Filled.]  § 3.  If  at  the  time  for  the  open- 
ing of  any  such  election,  any  person  appointed  a judge  shall  not  be 
present,  or  will  not  act  or  take  the  oath  to  act  in  such  capacity,  the 
judge  or  judges  present  may  appoint  some  other  qualified  elector  to 
act  in  his  place.  If  there  be  no  judge  of  election  present,  or  if 
present  and  he  refuses  to  act,  such  electors  of  the  ward  or  precinct  as 
may  be  present  at  the  place  of  election,  may  fill  the  vacancies  by  elec- 
tion from  their  number.  The  judges  so  elected  shall  have  the  same 
power,  and  be  subject  to  the  same  penalties  as  other  judges  of  elec- 
tion. The  judges  of  election  shall  appoint  clerks  when  necessary,  to 
fill  vacancies. 

Oath.]  § 4.  Previous  to  any  vote  being  taken,  the  judges 
and  clerks  of  the  election  shall  severally  take  an  oath  or  affirmation 
in  the  following  form,  to-wit : I do  solemnly  swear,  (or  affirm,  as  the 

case  may  be),  that  I will  support  the  constitution  of  the  United 
States,  and  the  constitution  of  the  state  of  Illinois,  and  that  I will 
faithfully  discharge  the  duties  of  the  office  of  judge  of  election,  (or 
clerk,  as  the  case  may  be),  according  to  the  best  of  my  ability. 

Same.]  § 5.  In  case  there  shall  be  no  judge  or  justice  of  the 
peace  present  at  the  opening  of  the  election,  or  in  case  such  judge  or 
justice  shall  be  appointed  a judge  or  a clerk  of  election,  it  shall  be 
lawful  for  the  judges  of  election  to  administer  the  oath  or  affirmation 
to  each  other,  and  to  the  clerks  of  election,  and  the  person  admin- 
istering such  oath  or  affirmation,  shall  cause  an  entry  thereof  to  be 
made  and  subscribed  by  him,  and  prefixed  to  each  poll  book. 

Ballot  Boxes — Manner  of  Voting.]  § 6.  The  city  clerk 
shall  provide  a sufficient  number  of  ballot  boxes  with  secure  locks 
and  keys,  at  the  expense  of  the  city,  for  the  several  voting  precincts. 
There  shall  be  an  opening  in  the  lid  of  each  box,  not  larger  than  is 
sufficient  to  admit  a single  closed  ballot  to  be  inserted  therein  at  one 
tjme,  through  which  each  ballot  voted  shall  be  put  into  the  box. 

Poll  Books  and  Blanks.]  § 7.  The  city  clerk  shall  provide 
at  the  expense  of  the  city,  proper  blanks,  poll  books,  and  other  nec- 
essary election  blanks  for  each  precinct  in  the  city,  and  cause  a suit- 
able number  thereof  to  be  delivered  to  the  judges  of  election  at  least 
three  days  before  any  election  is  to  be  held. 

Time  of  Opening  and  Closing  Polls,  etc.]  § 8.  The  polls 
shall  be  opened  at  the  hour  of  8 o’clock  in  the  morning,  and  con- 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


25 


tinued  open  until  7 o’clock  in  the  afternoon  of  the  same  day,  at  which 
time  the  polls  shall  be  closed ; but  if  the  judges  shall  not  attend  at 
the  hour  of  8 o’clock  in  the  morning,  or  if  it  shall  be  necessary  for 
the  electors  present  to  appoint  judges  to  conduct  the  election  as 
herein  prescribed,  the  polls  may  in  that  case  be  opened  at  any  hour 
before  the  time  for  closing  the  same  Shall  arrive,  as  the  case  may 
require. 

Proclamation  to  be  Made  Before  Polls,  etc.]  §9.  Upon 
opening  the  polls  one  of  the  clerks  or  judges  of  election  shall  make 
proclamation  of  the  same,  and  at  least  thirty  minutes  before  the  clos- 
ing of  the  polls,  proclamation  shall  be  made  in  like  manner,  that  the 
polls  will  be  closed  in  half  an  hour. 

Ballot  Box  to  be  Opened  and  Exhibited,  etc.  § 10.  Be- 
fore any  ballot  shall  be  deposited  in  the  ballot  box,  the  ballot  box 
shall  be  publicly  opened  and  exhibited,  and  the  judges  and  clerks 
shall  see  that  no  ballot  is  in  such  box,  after  which  the  box  shall  be 
locked  and  the  key  delivered  to  one  of  the  judges,  and  shall  not  be 
again  opened  until  the  close  of  the  polls. 

Clerks  to  Keep  Poll  List — Names  of  Votes  to  be  Enter- 
ed, etc.]  § 11.  Each  clerk  of  the  election  shall  keep  a poll  list, 
which  shall  contain  a column  headed  “number,”  and  another  headed 
“names  of  voters,”  The  name  of  each  elector  voting  shall  be  enter- 
ed upon  each  of  the  poll  books  by  the  clerks,  in  regular  succession 
under  the  proper  heading,  and  the  number  of  such  voter  placed 
opposite  his  name  in  the  column  headed  “numbers.” 

Mvynner  of  Voting — Ballots,  How  Printed.]  § 12.  The 
manner  of  voting  shall  be  by  ballot.  The  ballot  shall  be  printed,  or 
written,  or  partly  written  and  partly  printed  upon  plain  paper,  with 
the  name  of  each  candidate  voted  for,  and  the  title  of  the  offices. 
When  the  ballot  is  printed,  the  name  shall  be  printed  upon  plain 
paper,  in  plain  type,  in  straight  lines  with  a blank  space  below  each 
name  of  a width  not  less  than  equal  to  the  width  of  the  line  in  which 
the  name  is  printed. 

Names  of  All  Candidates  to  be  on  one  Ballot.]  § 13. 
The  names  of  all  candidates  for  which  the  electpr  intends  to  vote, 
shall  be  written  or  printed  upon  the  same  ballot,  and  the  office  to 
which  he  desires  each  to  be  elected,  shall  be  designated  upon  the 
ballot. 

Manner  of  Depositing  Ballot — Duty  of  Judges,  etc.] 
§ 14.  The  ballot  shall  be  folded  by  the  voter  and  delivered  to  one 
of  the  judges  of  election,  and  if  the  judges  be  satisfied  that  the  per- 
son offering  the  vote  is  a legal  voter,  the  clerks  of  election  shall 
enter  the  name  of  the  voter  and  his  number  under  the  proper  head- 
ings, in  the  poll  books,  and  the  judges  shall  indorse  upon  the  back 
of  the  ballot  offered  the  number  corresponding  with  the  number  of 


26 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


the  voter  on  the  poll  books,  and  shall  immediately  put  the  ballot  into 
the  ballot  box. 

No  Adjournment  Until  Result  Announced.]  § 15.  After 
the  opening  of  the  polls  no  adjournment  shall  be  had,  nor  shall  any 
recess  be  taken  until  all  the  votes  cast  at  such  election  shall  have  been 
counted  and  the  result  publicly  announced. 

Votes,  When,  Where  and  How  Canvassed,  etc.]  § 16. 
Immediately  upon  closing  the  polls  the  judges  shall  proceed  to  can- 
vass the  votes  polled.  They  shall  first  count  the  whole  number  of 
ballots  in  the  box.  If  the  ballots  shall  be  found  to  exceed  the  num- 
ber of  names  entered  on  each  of  the  poll  lists,  they  shall  reject  the 
ballots,  if  any  be  found,  upon  which  no  number  is  marked ; if  the 
number  of  ballots  still  exceeds  the  number  of  names  entered  on  each 
of  the  poll  lists,  they  shall  be  replaced  in  the  box,  and  the  box  closed 
and  well  shaken  and  again  opened,  and  one  of  the  judges  shall  pub- 
licly draw  out  and  destroy  so  many  ballots  unopened,  as  shall  be 
equal  to  such  excess,  and  the  ballots  and  poll  lists  agreeing  or  being 
made  to  agree,  the  board  shall  proceed  to  count,  and  estimate  and 
publish  the  votes,  and  when  the  judges  of  election  shall  open  and 
read  the  tickets,  each  clerk  shall  carefully  mark  down  upon  the  tally 
list  the  votes  each  candidate  receives  in  a separate  column  prepared 
for  that  purpose,  with  the  name  of  such  candidate  at  the  head  of  such 
column  and  the  office  designated  by  the  vote,  such  candidate  shall  fill. 

Ballots  Not  Counted,  When.]  § 17.  If  more  persons  are 
designated  for  any  office  on  the  same  ballot  than  there  are  candidates 
to  be  elected,  such  part  of  the  ticket  shall  not  be  counted  for  either 
of  the  candidates. 

Ballots  to  be  Strung,  etc.]  § 18.  All  the  ballots  counted 
by  the  judges  of  election  shall  after  being  read,  be  strung  upon  a 
strong  thread  or  wire,  in  the  order  in  which  they  have  been  read,  and 
shall  then  be  carefully  enveloped  and  sealed  up  by  the  judges,  who 
shall  direct  the  same  to  the  city  clerk,  and  they  shall  be  delivered, 
together  with  the  poll  books  to  the  city  clerk,  who  shall  carefully 
preserve  said  ballots  six  months,  and  at  the  expiration  of  that  time 
shall  destroy  them  by  burning,  without  the  package  being  previously 
opened : Provided , if  any  contest  of  election  shall  be  pending  at 

such  time  in  which  such  ballots  may  be  required  as  evidence,  the 
same  shall  not  be  destroyed  until  such  contest  is  finally  determined. 

Returns,  How  Made — Form  of  Certificate.]  § 19.  When 
the  votes  shall  have  been  examined  and  counted,  the  clerks  shall  set 
down  in  their  poll  books  the  name  of  every  person  voted  for,  written 
at  full  length,  the  office  for  which  such  person  received  such  votes, 
the  number  he  did  receive,  the  number  being  expressed  in  words  at 
full  length ; such  entry  to.  be  made  as  nearly  as  circumstances  will 
admit  in  the  following  form,  to-wit : 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


27 


At  an  election  held  at  the , in  the ward,  in  the  city  of  Danville,  in  the 

county  of  Vermilion  and  State  of  Illinois,  on  the daj^pf , in  the  year  one 

thousand  eight  hundred  and  the  following  named  persons  received  the  number 

of  votes  annexed  to  their  respective  names  for  the  following  described  offices,  to-wit : 
(name  of  candidate)  had  (number  of  votes)  for  (title  of  office)  (and  in  the  same  man- 
ner for  every  other  person  voted  for). 

Certified  by  us. 

A.  B.,) 

C.  D.,  V Judges  of  election. 

Attest:  E.  F.,J 

| Clerks  of  election. 

Returns  Delivered  to  Clerk,  etc.]  § 20.  Such  certi- 
ficate, together  with  one  of  the  lists  of  voters  and  one  of  the  tally 
papers,  having  been  carefully  enveloped  and  sealed  up,  shall  be  put 
into  the  ballot  box  and  put  into  the  hands  of  one  of  the  judges  or 
board  of  election,  who  shall  within  two  days  thereafter  deliver  the 
same  to  the  city  clerk  at  the  office  of  the  said  city  clerk. 

Compensation  of  Judges  and  Clerks.]  § 21.  The  judges 
and  clerks  of  election  shall  be  allowed  the  sum  of  three  dollars  per 
day  for  their  services  in  attending  such  election. 

Challenges.]  § 22.  The  judges  of  election  shall  allow  at 
least  one  and  not  more  than  two  legal  voters  of  each  party  to  the  con- 
test, to  be  chosen  by  the  parties  respectively,  into  the  room  where  the 
election  is  held,  to  act  as  challengers  of  voters  at  such  election,  and 
such  challengers  may  remain  with  the  board  of  election  until  the 
votes  are  all  canvassed  and  the  result  declared. 

QUALIFICATION  OF  VOTERS. 

Who  May  Vote.]  § 23.  Every  person  having  resided  in  this 
state  one  "year,  in  the  county  ninety  days,  and  in  the  precinct  or 
election  district  thirty  days  next  preceding  any  election,  who  was  an 
elector  in  this  state  on  the  first  day  of  April,  in  the  year  of  our  Lord 
1848,  or  obtained  a certificate  of  naturalization  before  any  court  of 
record  in  this  state  prior  to  the  first  day  of  January,  in  the  year  of 
our  Lord  1870,  or  who  shall  be  a male  citizen  of  the  United  States 
above  the  age  of  twenty-one  years,  shall  be  entitled  to  vote  at  such 
election. 

Residence  Defined.]  § 24.  Permanent  abode  is  necessary 
to  constitute  a residence  within  the  meaning  of  the  preceding  section. 
All  persons  shall  be  deemed  residents  of  the  precinct  or  district  in 
which  they  are  accustomed  to  lodge. 

Affidavit  of  Qualification.]  § 25.  Whenever  at  any  gen- 
eral or  special  election  in  any  ward  or  precinct  in  said  city  of  Dan- 
ville, any  person  offering  to  vote  is  not  personally  known  to  the 
judges  of  election  to  have  the  qualifications  mentioned  in  the  two 
preceding  sections,  if  his  vote  is  challenged  by  a legal  voter  at  such 


28 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


election,  he  shall  make  and  subscribe  an  affidavit  in  the  following 
form,  which  shall  be  retained  by  the  judges  of  election  and  returned 
by  them  with  the  poll  books : 

STATE  OF  ILLINOIS,} 

Vermilion  County.  ) 

I do  solemnly  swear  (or  affirm)  that  I am  a citizen  of  the  United 

States  (or  that  I was  an  elector  on  the  first  day  of  April,  A.  D.  1848,  or  that  I obtained 
a certificate  of  naturalization  before  a court  of  record  in  this  state  prior  to  the  first  day 
of  January,  A.  D.  1870,  as  the  case  may  be)  ; that  I have  resided  in  this  state  one  year, 
in  this  county  ninety  days,  and  in  this  election  district  thirty  days  next  preceding  this 

election  ; that  I now  reside  at  No on street,  in  this  election  district;  that  I 

am  twenty-one  years  of  age  and  have  not  voted  at  this  election.  So  help  me  God.  (Or, 
“this  I do  solemnly  and  sincerely  affirm,”  as  the  case  may  be). 

Subscribed  and  sworn  to  before  me  this day  of A.  D.  18 


Affidavit  of  Witness.]  § 26.  In  addition  to  such  affidavit, 
the  person  so  challenged  shall  produce  a witness  personally  known  to 
the  judges  of  election  and  resident  in  the  precinct  or  district,  or  who 
shall  be  proved  by  some  legal  voter  of  such  precinct  or  district  known 
to  the  judges  to  be  such,  who  shall  take  the  oath  following,  viz  : 

I do  solemnly  swear  (or  affirm)  that  I am  a resident  of  this  election  precinct 
(or  district)  and  entitled  to  vote  at  this  election;  and  that  I have  been  a resident  herein 
for  one  year  last  past,  and  am  well  acquainted  with  the  person  whose  vote  is  now 
offered  ; that  be  is  an  actual  and  bona  fide  resident  of  this  election  precinct  (or  district)  ; 
and  has  resided  herein  thirty  days ; and,  as  I verily  believe,  in  this  county  ninety  days, 
and  in  this  state  one  year  next  preceding  this  election. 

Who  May  Administer  Oaths.]  § 27.  The  oath  in  each 
case  may  be  administered  by  either  of  the  judges  of  election,  or  by 
any  officer  resident  in  the  precinct  or  district  authorized  by  law  to 
administer  oaths. 

Convicts — Disqualification.]  § 28.  No  person  who  has 
been  legally  convicted  of  any  crime,  the  punishment  of  which  is  con- 
finement in  the  penitentiary,  shall  be  permitted  to  vote  at  any  election 
unless  he  shall  be  restored  to  the  right  to  vote  by  pardon. 

City  Clerk  to  Notify  Mayor  When  Returns,  etc.]  § 29. 
When  all  the  returns  shall  be  filed  with  the  city  clerk,  he  shall  with- 
out delay  notify  the  mayor  or  any  three  aldermen  thereof,  who  shall 
immediately  call  a meeting  of  the  city  council.  The  city  clerk  in  the 
presence  and  under  the  direction  of  the  city  council  shall  open  the 
several  returns  and  examine  and  canvass  the  same,  and  when  finished, 
the  city  council  shall  declare  the  result  and  shall  cause  the  city  clerk 
to  enter  a statement  thereof  in  full  upon  the  journals,  naming  each 
person  voted  for,  the  number  of  votes  received,  for  what  office,  and 
who  is  elected. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


29 


Tie  Vote,  How  Determined.]  § 30.  The  person  having  the 
highest  number  of  votes  for  any  office  shall  be  declared  elected ; when 
two  or  more  persons  receive  an  equal  number,  and  the  highest  number 
of  votes  for  any  office,  the  city  council  shall  cause  the  city  clerk  to 
issue  a notice  to  suqh  persons  of  such  tie  vote,  and  require  them  to 
appear  before  the  city  council  on  a day  and  at  a time  named  in  the 
notice,  within  ten  days  from  the  day  of  election  and  determine  by 
lot,  in  the  presence  of  the  city  council,  which  of  them  is  to  be  de- 
clared elected ; and  on  the  day  and  at  the  time  appointed,  the  city 
council  shall  proceed  to  determine  the  same  by  lot  in  their  presence, 
in  the  manner  following : There  shall  be  placed  in  a ballot  box  as 

many  folded  ballots  as  there  are  persons,  having  an  equal  and  the 
highest  number  of  votes  ; on  one  of  the  ballots  the  name  of  the 
office  for  which  the  candidates  were  voted  for  shall  be  written,  and 
the  other  ballots  shall  have  some  other  words  written  upon  them. 
The  candidates  shall  each  draw  one  ballot,  and  the  candidate  drawing 
the  ballot  on  which  the  name  of  the  office  is  written  shall  be  declared 
elected.  If  any  candidate  shall  be  absent  or  refuse  to  draw  a ballot, 
the  mayor  shall  appoint  one  of  the  aldermen  elected  to  draw  for  such 
candidate. 

Notice  to  Persons  Elected,  etc.]  § 31.  The  city  clerk 
shall,  within  five  days  after  any  person  is  declared  elected  to 
any  office  by  the  city  council,  notify  him  in  writing  of  his  election, 
naming  the  office  for  which  he  has  been  declared  elected,  and  request- 
ing him  to  qualify  within  ten  days  after  such  notice,  and  unless  such 
person  shall  qualify  in  ten  days  after  such  notice  the  office  shall  be- 
come vacant.  f 

Order  to  be  Preserved  at  Polls.]  § 32.  The  city  mar- 
shal and  all  other  police  officers  shall  attend  at  all  elections  for  the 
purpose  of  maintaining  order  and  keeping  the  peace.  The  judges 
shall  maintain  order  at  the  polls,  and  may  command  any  police  officer 
in  attendance  to  arrest  any  person  who  shall  disturb  the  peace  by 
riotous  or  disorderly  conduct.  Any  person  who  at  the  polls  shall 
break  or  disturb  the  peace,  or  conduct  himself  in  a riotous  or  dis- 
orderly manner,  shall  be  subject  to  a penalty  not  exceeding  twenty- 
five  dollars. 

Dramshops  to  be  Closed.]  § 33.  No  spirituous,  malt,  vin- 
ous or  intoxicating  liquor  shall  be  sold  or  given  away  at  retail,  nor 
shall  any  saloon,  or  bar  room  or  place  where  such  liquor  is  sold  or 
given  away,  be  open  upon  any  general  or  special  election  day  in  said 
city.  Whoever  violates  the  provisions  of  this  section  shall  be  fined  in 
a sum  not  less  than  twenty-five  dollars,  nor  more  than  one  hundred 
dollars. 


30 


ORDINANCES  OF  THE  CITY  OF  DANVILLE, 


CHAPTER  X. 

FIRE  LIMITS  AND  FIRE  PROTECTION. 


Section.  Section. 


I. 

Boundaries  of  fire  limits. 

14. 

Shavings,  stoves,  fires,  lights,  etc.,  in 

2. 

Composition  of  exterior  and  party 

shops. 

walls;  wooden  buildings  forbid- 

IS- 

Lights  in  barns. 

den. 

16. 

Carrying  fires,  etc. 

3* 

Roofs,  cornices  and  window  caps. 

17. 

Deposit  of  ashes. 

4- 

Planing  mills,  lumber  yards,  etc. 

18. 

Burning  straw ; bonfires. 

5- 

Removal  and  repair  of  wooden 

19. 

Boiling  pitch,  tar,  etc. 

buildings. 

20. 

Fire  in  building  ; out  door  fires. 

6. 

Damaged  buildings  to  be  removed, 

21. 

Burning  out  chimneys. 

etc. 

22. 

Scattering  shavings. 

7- 

Procedure  for  condemnation  of 

23- 

Spittoons. 

buildings. 

24. 

Fire  wardens. 

8. 

Penalties  for  violating  sections  2,  3, 

25- 

Exits  to  theatres  hereafter  construct- 

4  and  5. 

ed. 

9- 

Removal  of  damaged  buildings ; 
penalty. 

26. 

Exits  and  ladders  to  halls  and  thea- 
tres now  built. 

10. 

Stove  pipes,  chimneys  and  hearths. 

27. 

Proceedings  to  enforce  construction 

11. 

Hot  air,  water  and  steam  furnaces. 

of  exits,  etc. 

12. 

Boiler  houses  and  rooms. 

28. 

Power. 

I3- 

Penalties  for  violating  sections  11 
and  12. 

29. 

Application  of  chapter  from  section 
10  to  section  29. 

Boundaries  of  Fire  Limits.]  § i.  The  fire  limits  of  the 
city  of  Danville  are  bounded,  fixed  and  established  as  follows,  viz : 
Commencing  at  a point  on  the  east  side  of  Mill  street  one  hundred 
and  fifty  feet  north  of  the  west  end  of  the  north  line  of  Main  street  at 
the  point  of  intersection  with  Mill  street,  thence  east  on  a line  par- 
allel with  the  north  line  of  Main  street  to  the  east  line  of  Pine  street, 
thence  north  along  the  east  side  of  Pine  street  to  a point  one  hundred 
and  fifty  feet  north  of  north  line  of  North  street,  thence  east  to  the 
west  boundary  line  of  the  right  of  way  of  the  Wabash,  St.  Louis  and 
Pacific  railroad,  thence  in  a southwesterly  course  along  the  west 
boundary  line  of  said  right  of  way  to  the  south  boundary  line  of 
South  street,  thence  west  along  said  south  line  of  South  street  to  the 
Vermilion  River,  thence  up  the  channel  of  said  river  to  a point  op- 
posite the  east  line  of  the  old  Chicago  road  leading  into  the  Red 
bridge  over  said  river,  thence  along  the  east  line  of  said  state  road  in 
a northwest  and  northeast  direction  to  the  west  end  of  the  south  line 
of  said  Main  street,  thence  to  the  place  of  beginning.  All  that  part 
of  the  said  city  embraced  within  said  boundaries  shall  be  known  as 
the  fire  limits  of  the  said  city. 

Composition  of  Exterior  and  Party  Walls — Wooden 
Buildings  Forbidden.]  § 2.  The  exterior  or  party  walls  of  all 
buildings  or  structures,  and  all  additions  thereto,  (except  privies, 
coal  houses  or  wood  sheds),  hereafter  built  or  erected  within  the 
aforesaid  fire  limits,  shall  be  constructed  of  brick,  stone,  iron,  glass, 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


31 


concrete,  grout  or  a combination  of  two  or  more  such  materials.  The 
erection  or  construction  of  any  wooden  building  or  structure  of  any 
kind,  or  the  use  of  wood  in  the  construction  of  any  exterior  or  party 
wall,  within  said  limits,  is  hereby  expressly  forbidden. 

Covering  of  Roofs,  etc. — Cornices  and  Window  Caps.] 
§ 3.  The  roof  or  dormer  windows  of  any  and  all  buildings  or  struc- 
tures of  any  kind,  hereafter  erected  or  constructed  within  said  limits, 
(except  privies,  coal  houses  and  wood  sheds),  shall  be  covered  out- 
wardly with  iron,  tin,  glass,  slate,  or  some  other  non-combustible 
material.  The  cornice,  window  caps  and  window  sills  attached  to 
any  such  building  erected  as  aforesaid,  shall  also  be  composed  of  iron, 
stone,  brick  or  some  other  non-combustible  material.  The  use  of 
wood  for  the  outer  covering  of  such  roofs  or  dormer  windows  and  for 
the  construction  of  cornices,  window  caps  and  window  sills,  as  afore- 
said, is  hereby  expressly  forbidden. 

Planing  Mills — Lumber  Yards,  etc.]  § 4.  There  shall 
not  be  hereafter  maintained,  or  operated,  or  built,  or  used,  any 
planing  mill,  sash,  door  or  blind  factory,  or  chair  or  furniture  fac- 
tory, or  lumber  yard,  wood  yard,  or  oil  mill,  within  the  aforesaid  fire 
limits,  and  that  the  city  authorities  shall  at  the  earliest  practical  day 
provide  for  the  removal  beyond  said  fire  limits  of  all  lumber  yards 
now  established  within  said  fire  limits.  [R.  O.  1876.] 

Removal  and  Repair  of  Wooden  Buildings.]  § 5.  No 
wooden  building  shall  be  removed  from  any  part  of  the  city,  whether 
the  same  is  within  or  without  the  said  fire  limits,  to  any  place  within 
said  fire  limits;  nor  shall  any  wooden  building,  except  the  same  be  a 
building  that  has  been  used  and  is  to  be  used  exclusively  as  a resi- 
dence, now  within  such  fire  limits,  be  repaired ; and  whenever  the 
roof  of  any  brick  building  within  said  fire  limits  that  is  covered  with 
shingles,  boards,  or  other  combustible  material,  except  the  same  be  a 
building  that  is  used  and  to  be  used  exclusively  as  a residence,  shall 
be  repaired,  the  same  shall  be  repaired  by  covering  said  roof  with 
iron,  tin,  or  some  other  metallic  Or  non-combustible  substance,  as 
prescribed  in  section  second  of  this  ordinance.  [R.  O.  1876.] 

Damaged  Buildings  to  be  Removed.]  § 6.  When  any 
wooden  building  within  said  fire  limits  shall  have  been  damaged  by 
fire,  decay,  or  otherwise,  to  the  extent  of  fifty  per  cent,  of  the  original 
value  of  the  same,  such  building  shall  be  torn  down,  or  removed 
beyond  said  fire  limits,  after  the  extent  of  the  damages  thereto, 
caused  as  aforesaid,  has  been  ascertained  in  the  manner  hereinafter 
provided. 

Procedure  for  Condemnation  of  Buildings.]  § 7.  When- 
ever any  member  of  the  city  council,  policemen,  member  of  the  fire 
department,  or  citizen,  shall  make  complaint  in  writing  to  the  police 
magistrate  that  any  wooden  building  within  such  fire  limits  has  been 


32  ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


damaged  by  fire,  decay,  or  otherwise,  to  the  extent  of  fifty  per  cent, 
of  its  original  value,  describing  the  property  and  giving  the  owner’s 
name,  said  magistrate  shall  issue  a notice  to  said  owner,  embodying 
the  substance  of  such  complaint,  commanding  such  owner  to  appear 
before  such  magistrate  at  a time  therein  specified,  not  less  than  five 
nor  more  than  ten  days  from  the  date  of  such  notice,  and  at  the  time 
and  place  fixed  in  such  notice,  provided  the  return  of  such  notice 
shall  show  that  such  owner  has  been  served  with  said  notice  by  read- 
ing, or  by  leaving  a copy  at  the  residence  of  such  owner  three  days 
before  the  time  fixed  for  the  hearing,  such  police  magistrate  shall 
impanel  a jury  of  twelve  disinterested  freeholders  of  the  city,  who, 
after  being  duly  sworn,  “fairly  and  impartially  to  ascertain  if  the 
building  in  issue  shall  have  been  damaged  by  fire,  decay,  or  other- 
wise, to  the  extent  of  fifty  per  cent,  of  its  original  value,”  hear  the 
evidence  and  view  the  building  at  issue,  and  hearing  the  argument  of 
counsel,  and  bring  in  a verdict  according  to  the  facts  and  evidence ; 
and  in  case  the  jury  find  a verdict  that  such  building  has  been  so 
damaged  by  fire,  decay,  or  otherwise,  the  police  magistrate  shall  so 
record  a judgment,  and  direct  such  owner  to  remove  from  fire  limits 
or  tear  down  such  building  within  thirty  days;  and  in  default  thereof 
that  the  marshal  of  the  city  shall  remove  or  tear  down  such  building, 
the  cost  or  expense  of  which  shall  be  charged  to  such  owner,  and  if 
not  paid  by  such  owner,  the  same  shall  be  collected  by  suit  in  the 
name  of  said  city  against  such  owner.  At  the  impaneling  of  such 
jury  the  said  owner  and  the  prosecutor  shall  have  a right  to  three 
peremptory  challenges  each,  and  to  challenge  any  juror  for  prejudice, 
interest,  or  any  other  just  cause.  [R.  O.  1876.] 

Penalties  for  Violations  of  Sections  2,  3,  4 and  5.]  § 8. 

Whoever  shall  violate,  or  hire  or  induce  any  other  person  to  violate, 
any  or  either  of  the  provisions  of  sections  2,  3,  4 or  5 of  this  chapter, 
shall  be  fined  not  less  than  ten  dollars,  nor  more  than  one  hundred 
dollars  for  each  and  every  day  or  part  of  a day  that  any  such  person 
or  persons,  or  his  or  their  employees,  may  be  engaged  in  such  viola- 
tion. Whenever  any  person  is  convicted  of  any  violation  of  either 
of  the  said  sections,  or  any  part  thereof,  the  magistrate  before  whom 
such  conviction  is  had,  shall  also  enter  an  order  upon  his  docket  that 
the  person  so  convicted  shall  tear  down  or  remove  the  building,  or 
the  addition  or  attachment  of  any  kind  thereto,  for  the  construction 
of  which  contrary  to  this  chapter  the  conviction  is  had,  within  ten 
days  from  the  date  of  the  entry  of  such  order;  and  any  person  failing 
or  neglecting  to  so  tear  down  or  remove  such  building,  addition  or 
attachment,  within  the  time  aforesaid,  shall  for  each  day  beyond  said 
ten  days  he  suffers  or  permits  the  same  to  so  remain  be  subject  to  the 
;ame  penalty  as  above  provided ; and  the  marshal  of  said  city  shall 
have  power  to  tear  down  or  remove  such  improvement  of  whatever 
nature,  beyond  the  said  fire  limits,  and  the  costs  and  expenses  of  so 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


33 


doing  shall  be  charged  to  and  collected  off  of  the  person  so  convicted 
as  aforesaid  in  an  action  of  debt  in  the  name  of  the  city.  Any  per- 
son, who,  as  contractor,  laborer  or  mechanic,  in  the  employ  of  any 
other  person,  shall  violate  any  or  either  of  the  provisions  of  said 
sections  2,  3,  4 or  5,  shall  be  fined  not  less  than  five  dollars,  nor  more 
than  twenty-five  dollars  for  each  day  or  part  of  a day  that  he  may 
have  been  engaged  in  such  violation.  Under  this  chapter,  each  day, 
or  part  of  a day  in  which  any  person,  as  owner,  agent,  lessee,  con- 
tractor, laborer,  mechanic  or  otherwise  shall  engage  in  any  violation 
of  either  of  the  above  mentioned  sections,  or  any  part  thereof,  shall 
constitute  a separate  and  distinct  offense.  In  addition  to  the  forego- 
ing fine  and  penalty,  any  person  who  shall  remove,  or  assist  in  the 
removal  of  any  wooden  building  to  any  place  within  the  fire  limits, 
shall  upon  the  order  of  the  magistrate  before  whom  he  is  convicted, 
be  imprisoned  for  a term  not  exceeding  six  months.  This  section 
shall  not  apply  to  any  person  engaged,  in  good  faith,  in  the  removal 
of  any  wooden  building  to  any  place  outside  the  fire  limits,  and  who 
shall  use  all  reasonable  dispatch  in  making  such  removal. 

Removal  of  Damaged  Buildings — Penalty.]  §9.  When- 
ever any  building  has  been  ordered  to  be  torn  down,  or  removed,  in 
accordance  with  the  provisions  of  sections  6 and  7 of  this  chapter, 
and  the  owner  thereof  refuses,  neglects,  or  fails  to  tear  down  or 
remove  the  same  within  thirty  days  from  the  date  of  the  entry  of  such 
order  upon  the  docket  of  the  magistrate,  then  such  person  shall  be  fined 
not  less  than  twenty  dollars  nor  more  than  one  hundred  dollars  for  each 
and  every  day  or  part  of  a day  that  such  owner  may  permit  or  suffer 
such  building  to  remain  after  the  expiration  of  the  time  within  which 
such  building  was  ordered  and  adjudged  to  be  torn  down  or  removed. 

Stove  Pipes — Chimneys — Hearths.]  § 10.  All  stove  pipes 
shall  be  securely  put  up,  so  as  not  to  be  in  danger  of  falling,  and  shall 
be  separated  at  least  three  inches  from  any  wood  or  other  combustible 
materials,  by  a double  circle  of  tin,  zinc  or  sheet  iron,  connected 
with  like  metal,  with  air  holes  through  the  connecting  metal  between 
the  pipe  and  the  wood  or  stone  cylinder.  All  stoves  put  up  or  used 
without  secure  aprons  or  hearths,  shall  be  placed  upon  a platform  of 
brick,  zinc  or  other  incombustible  material,  extending  far  enough 
around  the  same  to  prevent  the  fire  from  falling  upon  the  floor,  and 
if*set  within  eighteen  inches  of  the  wood  work  of  any  wall,  the  same 
shall  be  protected  with  zinc  or  other  incombustible  covering,  so  as 
effectually  to  prevent  fire  from  the  stove.  All  chimneys  or  flues  shall 
be  four  inches  thick,  built  of  brick  or  stone,  well  laid  in  mortar  and 
well  plastered  inside,  and  shall  be  constantly  kept  in  good  condition, 
so  as  to  be  safe  and  secure  against  fire.  Whoever  shall  put  up,  erect 
or  build  any  stove,  stove  pipe,  chimney  or  flue,  contrary  to  the  re- 
quirements of  this  section,  shall  be  subject  to  a penalty  of  not  less 
than  three  dollars,  and  not  exceeding  one  hundred  dollars ; and  who- 


34 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


ever  shall  use  any  such  stove,  stove  pipe,  chimney  or  flue,  so  put  up 
or  erected,  contrary  to  the  requirements  of  this  section,  shall  be 
subject  to  a penalty  of  not  less  than  three  dollars,  and  not  exceeding 
one  hundred  dollars,  and  one  dollar  in  addition  thereto  for  each  day 
the  same  may  be  used  after  notice  either  verbally  or  in  writing,  by 
the  mayor  or  any  alderman,  or  the  city  marshal,  or  any  policeman  of 
said  city,  that  such  stove,  stove  pipe,  chimney  or  flue  is  put  up,  built 
or  erected,  contrary  to  the  provisions  of  the  ordinances  of  said  city. 
[R.  O.  1876.] 

Hot  Air,  Water  and  Steam  Furnaces.]  § 11.  Hot  air, 
hot  water,  steam  or  other  furnaces,  whether  brick  or  metal,  shall  be 
kept  at  least  ten  inches,  and  the  smoke  flue  at  least  twenty  inches,  off 
from  any  unprotected  wood  work.  All  furnaces  shall  be  placed  on 
foundations  of  brick  or  stone,  or  other  non-combustible  material,  with 
proper  hearths  of  like  material,  at  least  twenty-four  inches  wide  in 
front  of  the  ash  pit.  All  hot  air  conductors  that  are  placed  within 
ten  inches  of  any  wood  work  shall  be  made  double,  one  within  an- 
other, with  at  least  one-half  inch  space  between  the  two.  All  hot  air 
registers  shall  be  set  in  incombustible  borders  not  less  than  two  inches 
in  width  ; all  such  borders  shall  be  firmly  set  in  plaster  of  paris ; 
opening  in  floors  for  registers  shall  be  lined  with  bright  tin  to  receive 
the  register  boxes,  the  lining  to  be  kept  at  least  one  inch  distant  from 
such  register  box.  I.  C.  or  I.  X.  bright  tin  shall  be  used  in  the  con- 
struction of  all  hot  air  flues  and  their  appendages. 

Boiler  Houses  and  Boiler  Rooms.]  § 12.  The  wood  work 
of  all  boiler  houses  and  boiler  rooms  shall  be  kept  at  least  six  feet 
from  the  boiler,  and  four  feet  from  the  breeching  or  smoke  conductor, 
and  one  foot  from  the  dome  of  the  boiler,  unless  such  wood  work  is 
properly  protected  with  non-combustible  material,  and  then  there 
shall  be  at  least  two  feet  space  from  the  boiler  or  smoke  pipe  and  the 
protection. 

Penalties  for  Violating  Sections  ii  and  12.]  § 13.  Any 
person  who  shall  violate  any  of  the  provisions  of  sections  11  and  12, 
of  this  chapter,  shall  be  fined  not  less  than  ten  dollars,  nor  more  than 
one  hundred  dollars  for  each  offense,  and  shall  be  subject  to  a like 
fine  for  every  day  he  shall  permit  such  violation  to  continue  and  re- 
main upon  his  premises  after  having  been  once  convicted  on  account 
thereof. 

Shavings,  Stoves,  Fires,  Lights,  etc.,  in  Shops.]  § 14. 
All  mechanics  or  other  persons  using  or  occupying  shops,  buildings, 
or  places  where  shavings  or  other  like  combustible  materials  are  made 
or  accumulated,  shall  clear  out  and  remove  such  combustible  materials 
from  the  buildings,  shops  and  the  premises  adjacent  or  attached  there- 
to as  often  as  may  be  necessary  to  prevent  the  dangerous  accumulation 
thereof.  The  stove  or  stoves  used  in  any  such  shop  or  building,  shall 
be  set  in  a box  or  frame  extending  at  least  six  inches  above  the  floor, 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


35 


and  at  least  eight  inches  around  and  outside  of  the  stove,  and  filled  or 
lined  with  fire-proof  material ; all  lighted  candles  or  lamps  used  in 
any  such  shops  or  buildings,  shall  be  set  in  a candlestick  or  stand, 
not  liable  to  take  fire,  and  all  such  lights  shall  be  kept  at  a secure 
distance  from  any  combustible  material.  No  person  shall  leave  any 
such  light  or  fire  burning  in  any  such  buildings,  in  such  manner  or 
for  such  length  of  time  that  the  same  may  be  in  danger  of  communi- 
cating the  fire  to  any  part  of  such  shop  or  building  or  such  shavings 
or  other  combustible  material.  Whoever  shall  violate  any  of  the 
provisions  of  this  section  shall  be  subject  to  a penalty  of  not  less  than 
three  dollars,  and  not  exceeding  one  hundred  dollars.  [R.  O.  1876.] 

Lights  in  Barns,  etc.]  § 15.  No  person  shall  carry  or  use 
any  lighted  candle  or  lamp  or  fire  in  any  part  of  any  building  or 
stable  where  any  hay,  straw,  or  other  like  combustible  materials  are 
kept,  without  securing  the  same  in  a lantern  or  some  secure  casing,  so 
as  not  to  endanger  the  taking  fire  thereby,  under  a penalty  of  not 
less  than  three  dollars,  and  not  exceeding  one  hundred  dollars. 
[R.  O.  1876.] 

Carrying  Fire,  etc.]  § 16.  No  person  shall  carry  from  one 
place  to  another  any  fire  or  live  or  burning  coals,  without  securing 
the  same  in  such  manner  as  to  prevent  the  coals  or  sparks  from  falling 
therefrom,  and  so  as  not  to  endanger  any  building  or  property  there- 
by, under  a penalty  of  not  less  than  three  dollars,  and  not  exceeding 
one  hundred  dollars.  [R.  O.  1876.] 

Deposit  of  Ashes.]  § 17.  No  person  shall  keep  or  deposit 
any  ashes  in  any  building,  or  in  any  place  within  twenty  feet  of  any 
building,  shed  of  fence,  or  other  combustible  material,  unless  within 
a secure  and  covered  metallic  or  earthenware,  or  other  fire-proof 
vessel,  or  in  a fire-proof  ash  house,  under  a penalty  of  not  less  than 
three  dollars,  and  not  exceeding  one  hundred  dollars ; and  all  soap 
boilers  or  other  persons  using  ashes  in  manufacture  in  any  wooden 
vessel  or  structure,  shall  keep  them  well  dampened  or  saturated  with 
water,  under  a penalty  of  not  less  than  three  dollars,  and  not  exceed- 
ing one  hundred  dollars.  [R.  O 1876.] 

Burning  Straw — Bonfires.]  § 18.  No  person  shall  set  fire 
to  or  burn  shavings,  straw  or  other  material,'  in  any  open  or  public 
place  in  the  city,  except  in  the  day  time,  nor  then  unless  the  con- 
dition of  the  wind  and  weather  be  such  that  such  fire  will  not  be 
likely  to  endanger  or  damage  any  building  or  other  property,  nor 
within  thirty  feet  of  any  building,  under  a penalty  of  not  less  than 
three  dollars,  and  nottexceeding  one  hundred  dollars  : Provided , that 

bonfires  may  be  built  in  the  night,  at  any  safe  and  proper  place  within 
the  city,  by  consent  of  the  mayor.  [R.  O.  1876.] 

Boiling  Pitch,  Tar,  etc.]  § 19.  No  person  shall  boil  any 
pitch,  resin,  tar  or  other  inflammable  liquor  or  substance,  except 


36 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


within  a building  so  secured  as  not  to  be  endangered  if  such  pitch, 
resin,  tar  or  other  combustible  material  shall  take  fire,  or  in  any  open 
place  at  least  twenty  feet  distant  from  any  building  or  property  likely 
to  be  endangered  or  damaged  thereby,  under  a penalty  of  not  less 
than  three  dollars,  and  not  exceeding  one  hundred  dollars. 
[R.  O.  1876.] 

Fire  in  Building — Out-door  Fires.]  § 20.  No  person  shall 
make,  kindle  or  use  any  fire  in  any  building,  out  building,  shed  or 
other  structure,  except  within  a secure  fire-place,  stone  furnace  or 
other  fire-proof  structure  made  for  that  purpose.  Nor  shall  any  per- 
son make,  kindle,  or  use  any  fire  out  of  doors,  within  twenty  feet  of 
any  building  or  other  property  likely  to  be  endangered  thereby, 
unless  within  a proper  stone  furnace  or  other  secure  structure,  nor 
leave  any  such  fire  burning.  Each  person  violating  the  provisions 
of  this  section,  shall  be  subject  to  a penalty  of  not  less  than  three 
dollars,  and  not  exceeding  one  hundred  dollars.  [R.  O.  1876.] 

Burning  Out  Chimneys.]  § 21.  No  person  shall  set  fire  to 
or  burn  out  any  chimney,  flue  or  stove  pipe,  except  in  the  day 
time,  nor  then  when  wind  or  weather  may  be  such  as  to  endanger 
other  buildings  or  property,  and  the  person  or  persons  occupying  any 
building  shall  prevent  and  remove  all  dangerous  accumulations  of 
soot,  under  a penalty  of  not  less  than  three  dollars,  and  not  exceed- 
ing one  hundred  dollars.  [R.  O.  1876.] 

Scattering  Shavings,  etc.]  § 22.  No  person  shall  trail, 
strew  or  leave  any  shavings  or  other  like  combustible  materials  in, 
around  or  near  any  building  or  property,  so  as  to  endanger  or  be 
likely  to  endanger  or  damage  the  same  thereby,  under  a penalty  of 
not  less  than  three  dollars,  and  not  exceeding  one  hundred  dollars. 
[R.  O.  1876.] 

Spittoons.]  § 23.  Whoever  shall  use  any  box,  or  other  ves- 
sel, filled  with  sawdust  or  other  combustible  material,  as  a spittoon, 
shall  be  fined  not  less  than,  one  nor  more  than  twenty-five  dollars. 

Fire  Wardens,  etc.]  § 24.  The  mayor,  the  aldermen,  the 
city  marshal,  policemen  and  the  chief  of  the  fire  department  shall 
be  ex-officio  fire  wardens,  and  they  shall  have  power  and  authority  to 
enter  all  buildings  and  premises,  to  examine  whether  they  are  in  a 
safe  condition ; and  shall  enforce,  or  cause  to  be  enforced,  all  the 
provisions  hereof,  and  shall  prosecute,  or  cause  to  be  prosecuted,  all 
violations  of  the  provisions  hereof;  the  chief  engineer  or  one  of  the 
assistant  engineers  of  the  fire  department,  shall,  whenever  requested 
by  the  city  marshal  or  the  mayor,  carefully  examine  any  or  all  build- 
ings within  the  city,  and  shall  notify  the  owner  or  owners,  occupant 
or  occupants  thereof,  to  cause  any  chimney,  flue,  stove,  stove  pipe, 
ash  house,  furnace,  or  other  place  in  which  fire  may  be  kept  or  used, 
which  may  be  deemed  unsafe  or  dangerous,  or  any  other  cause  from 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


37 


which  immediate  danger  of  fire  may  be  apprehended,  or  which  may 
be  deemed  unsafe,  or  dangerous,  in  promoting  fires,  to  be  without 
delay  removed,  abated  or  placed  in  a safe  condition,  and  upon  the 
neglect  or  refusal  of  any  owner  or  occupant  to  comply  with  such 
notice,  he  shall  be  subject  to  a penalty  of  not  less  than  three  dollars, 
and  not  exceeding  one  hundred  dollars,  and  the  officer  shall,  without 
delay,  cause  such  buildings  or  premises  to  be  placed  or  put  in  a 
safe  condition,  and  the  necessary  cost  of  so  doing  shall  be  collected 
of  such  owner  or  occupant,  and  recovered  by  suit,  in  the  name  of 
the  city,  before  any  court  having  jurisdsction.  [R.  O.  1876.] 

Exit  to  Theatres  Hereafter  Constructed.]  § 25.  Every 
theatre,  opera  house  or  public  hall,  with  accomodations  for  three 
hundred  or  more  people,  hereafter  erected  or  constructed  within  said 
city,  shall  have  at  least  two  separate  and  distinct  exits,  to  be  as  far 
apart  as  may  be  practicable.  The  exits  from  all  galleries  shall  be 
independent  of,  and  separate  from  the  exits  of  the  main  floor.  All 
of  said  exits  and  the  stairways  leading  thereto  shall  in  no  case  be  less 
than  five  feet  in  width,  nor  aggregate  a less  proportion  than  twenty 
inches  for  each  one  hundred  persons  such  theatre  or  other  room  may 
contain  or  accommodate.  All  doors  of  such  buildings  shall  be  made 
to  swing  outwards.  Any  person  violating  this  section  or  any  part 
thereof  shall  be  fined  not  less  than  one  hundred  dollars,  and  ten 
dollars  for  each  day  he  shall  allow  such  violation  to  remain,  after 
having  been  once  convicted  hereunder. 

Exits  and  Ladders  to  Theatres  Now  Built.]  § 26.  Any 
building,  or  any  part  thereof,  now  erected  and  now  used,  or  hereafter 
used  as  a theatre,  opera  house  or  public  hall,  with  accommodations 
for  three  hundred  or  more  people,  shall  have  at  least  two  separate 
and  distinct  exits  from  the  auditorium,  to  be  as  far  apart  as  may  be 
practicable,  both  of  which  can  be  used  for  the  egress  of  people  from 
the  auditorium,  in  case  of  fire  or  accident.  Said  exits  shall  be  at 
least  five  feet  in  width,  and  shall  not  aggregate  a less  proportion,  than 
twenty  inches  for  each  one  hundred  persons  such-  theatre  or  other 
room  may  contain  or  accommodate.  If  such  theatre  or  other  room 
is  in  the  upper  story  or  stories  of  any  building,  such  building  shall 
also  be  provided  with  one  or  more  metallic  ladders  or  fire  escapes, 
extending  from  the  first  to  the  upper  stories  of  such  building,  to  be 
placed  in  such  location  and  of  such  number,  material  and  construc- 
tion as  may  be  by  the  mayor,  and  the  committee  on  fire  and  water 
of  the  city  council,  or  a majority  of  them,  from  time  to  time  deter- 
mined. 

Procedure^  to  Enforce  Construction  of  Exits  and 
Placing  of  Ladders.]  § 27.  In  case  any  building,  or  any  part 
thereof,  now  or  hereafter  used  as  a theatre,  opera  house  or  public  hall, 
shall  not  have  the  necessary  exits,  or  shall  not  be  supplied  with  suit- 
able or  sufficient  metallic  ladders  or  fire  escapes,  as  in  the  preceding 


38 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


section  provided,  then  said  building  shall  be  examined  by  the  mayor 
and  the  said  committee  on  fire  and  water,  and  the  location  of  such 
additional  exit  and  ladders  or  escapes  shall  be  by  them  determined ; 
and  upon  such  determination  as  aforesaid,  the  mayor  shall  immedi- 
ately serve,  or  cause  to  be  served  upon  the  owner,  lessee  or  occupant 
of  any  such  theatre,  opera  house  or  public  room,  a notice  in  writing, 
by  copy,  to  construct  such  exit,  and  place  and  maintain  such  ladders 
or  fire  escapes  within  thirty  days  after  the  date  of  the  service  of  such 
notice.  In  case  such  owner,  lessee  or  occupant  so  served  with  said 
notice  as  aforesaid,  shall  not  within  thirty  days  after  such  service 
upon  him  or  them,  construct  such  required  exit  or  place  such  required 
ladders  upon  said  building  as  designated  in  such  notice,  he  or  they 
shall  be  fined  not  less  than  ten  dollars  nor  more  than  two  hundred 
dollars,  and  shall  be  subject  to  a further  fine  of  fifty  dollars  for  each 
week  of  such  failure  to  comply  with  such  notice  after  the  service  of 
the  same : Provided , the  mayor  may  in  his  discretion  extend  the 

time  for  such  person  so  notified  as  aforesaid  to  comply  with  such 
notice,  upon  good  and  sufficient  cause  being  shown  him,  for  a period 
not  exceeding  thirty  days,  after  the  expiration  of  the  thirty  days, 
named  in  said  notice. 

Powder.]  § 28.  Whoever  shall  keep  or  cause  to  be  kept,  or 
knowingly  allow  his  premises  to  be  used  for  storing  more  than  twenty- 
five  pounds  of  powder  within  the  city  limits,  within  one  hundred 
yards  of  a dwelling  or  storehouse,  shall  be  subject  to  a penalty  of  not 
less  than  twenty-five  dollars,  and  not  exceeding  one  hundred  dollars. 
[R.  O.  1876.] 

Application  of  Chapter  from  Section  10  to  29.]  § 29. 

All  of  the  sections  of  this  chapter  after  and  including  section  ten, 
shall  apply  to  and  be  in  force  in  all  parts  of  the  said  city,  both 
within  and  without  the  fire  limits. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


39 


CHAPTER  XL 

FIRE  DEPARTMENT, 


Section.  Section. 


I. 

Members  of  fire  department. 

13- 

Policemen  to  assist  firemen. 

2. 

Chief  of  fire  department. 

14. 

Fire  apparatus — places  for. 

3- 

Fire  districts. 

15- 

Removing  or  interfering  with  appa- 

4- 

Hose  companies,  etc. 

ratus. 

5- 

Officers  of  companies. 

16. 

Tearing  down  buildings. 

6. 

Roster  of  men  and  officers  eported 

17- 

Breaking  apparatus. 

to  council. 

18. 

Driving  vehicle  over  hose. 

7- 

Rules  and  regulations  of  companies. 

19. 

Locomotives  or  cars  running  over 

8. 

Duty  of  companies. 

hose. 

9- 

Citizens  to  assist  in  drawing  appa- 

20. 

Precedence  of  companies  at  hydrants. 

ratus. 

21. 

Throwing  water  on  persons  or  prop- 

10. 

City  engineer  to  detail  men  to  clean 

erty  unnecessarily. 

apparatus. 

22. 

Insignia  of  officers. 

Ii. 

Review  of  fire  department. 

23- 

Uniform  of  men  and  badges. 

12. 

Members  of  fire  department  to  obey 

24. 

Absence  of  chief. 

orders  of  officers. 

25. 

Vehicles  obstructing  street  at  fire. 

Members  of  Fire  Department.]  § i.  The  fire  department 
of  the  city  of  Danville  shall  consist  of  the  mayor,  members  of  the 
city  council,  a chief  of  fire  department,  the  marshal,  and  city  police, 
and  such  companies  of  horsemen  and  hook  and  ladder  men  as  may 
be  approved  by  the  city  council. 

Chief  of  Fire  Department.]  § 2.  The  chief  of  fire  depart- 
ment shall  be  the  commanding  officer  of  the  department,  and  all  the 
members  thereof,  subject  only  to  the  orders  of  the  mayor,  and  also 
the  orders  of  the  city  council  when  in  session,  and  shall  have  charge 
of  the  fire  hydrants  of  the  city. 

Fire  Districts.]  § 3.  It  shall  be  the  duty  of  the  chief  of  the 
fire  department  to  divide  the  city  into  suitable  fire  districts  and  cause 
a map  thereof  to  be  made  designating  the  boundaries  thereof,  and  the 
location  of  hydrants,  hose  reels,  and  other  fire  apparatus  therein,  and 
submit  the  same  to  the  city  council  for  its  approval. 

Hose  Companies,  etc.]  § 4.  As  many  volunteer  hose  com- 
panies or  hook  and  ladder  companies  shall  be  organized  and  main- 
tained in  each  of  the  said  fire  districts  as  may  be  approved  by  the 
city  council.  Such  companies  shall  consist  of  such  a number  of  men 
of  good  moral  character,  and  qualified  for  the  duties  of  firemen,  as 
the  council  may  approve.  Such  men  to  be  enrolled  in  companies 
under  such  rules  and  regulations  as  may  be  adopted  by  the  council  as 
hereinafter  provided. 

Officers  of  Companies.]  § 5.  The  officers  of  all  hose  or 
hook  and  ladder  companies  shall  consist  of  a foreman,  who  shall  be 
the  commanding  officer  of  the  company,  and  a first  assistant  and 
second  assistant  foreman,  who  shall  be  elected  by  the  men  of  the  re- 


40 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


spective  companies  subject  to  the  ratification  and  approval  of  the  city- 
council.  When  the  officers  so  elected  as  aforesaid  are  accepted  and 
approved  by  the  city  council,  then  such  officers  shall  take  the  same 
oath,  and  be  commissioned  by  the  mayor  the  same  as  other  officers  of 
the  city.  When  the  officers  elected  by  any  company  as  aforesaid  or 
any  of  them  are  not  approved  by  the  city  council,  then  such  com- 
pany shall  within  one  week  after  the  rejection  of  such  officer  or 
officers,  elect  another  officer  or  set  of  officers  in  place  of  those  re- 
jected. In  default  of  which  election  last  aforesaid,  or  in  case  the 
officer  or  officers  so  elected  at  the  last  election  aforesaid  are  not  ap- 
proved by  the  city  council,  or  for  any  reason  the  said  companies  fail 
to  elect  any  officer  acceptable  to  the  city  council  then  the  mayor,  by 
and  with  the  consent  of  the  city  council,  shall  nominate  and  appoint 
such  officers.  All  such  officers  shall  hold  their  commissions  for  and 
during  the  municipal  year.  The  foreman  of  the  company  shall  be 
the  officer  entrusted  with  the  care  of  all  apparatus  and  property  of 
tlie  city  assigned  to  said  company.  And  such  foreman  before  assum- 
ing the  duties  of  his  office  shall  execute  to  the  city  a bot.d  in  the 
sum  of  five  hundred  dollars,  with  surety  to  be  approved  by  the  mayor, 
conditioned  that  he  will  faithfully  account  for,  and  take  care  of  all 
property  of  the  city  entrusted  to  his  care,  and  turn  the  same  over  to 
the  city  upon  the  expiration  of  the  term  of  his  office. 

Roster  of  Men  and  Officers  Reported  to  Council.]  § 6. 
When  any  company  is  organized,  a list  of  the  officers  and  men 
enrolled  shall  be  reported  to  the  conucil,  and  such  company  shall  b* 
accepted  by  the  council  before  such  company  shall  have  the  custody 
of  any  fire  apparatus  or  other  property  belonging  to  the  city.  When 
such  company  is  accepted  by  the  city  council,  the  chief  of  the  fire 
department  shall  issue  certificates  of  membership  to  the  men  belong- 
ing thereto. 

Rules  and  Regulations  of  Companies.]  § 7.  It  shall  be 
the  duty  of  the  committee  on  fire  and  water  of  the  city  council  to 
prepare  such  by-laws,  rules  and  regulations  as  they  may  deem  nec- 
essary for  the  proper  control,  organization  and  discipline  of  the  com- 
panies of  the  department,  subject  to  the  approval  of  the  council,  and 
such  rules  or  by-laws  shall  be  printed  and  a copy  thereof  furnished  to 
each  company,  and  shall  be  the  law  governing  its  organization.  Any 
member  of  said  companies  violating  any  of  such  by-laws  or  rules  may 
be  expelled  from  said  company  on  the  order  of  the  mayor.  The 
chief  of  the  fire  department  shall  at  the  first  regular  meeting  of  the 
council  in  May,  of  each  year,  and  at  such  other  times  as  he  may  be 
ordered,  report  to  the  city  council  a correct  list  of  all  of  the  active 
members  of  the  fire  department  then  actually  belonging  to  the  de- 
partment. 

Duty  of  Companies.]  § 8.  It  shall  be  the  duty  of  all  such 
organized  companies  to  attend  any  alarm  of  fire  that  may  be  sounded, 
and  to  repair  to  the  fire  with  their  fire  apparatus,  and  there,  under 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


41 


the  direction  of  the  chief  of  the  fire  department  or  other  officer  in 
command,  to  perform  such  service  as  may  be  required  to  suppress 
such  fire,  and  for  the  preservation  of  property  endangered. 

Citizens  to  Assist  in  Drawing  Apparatus.]  § 9.  The 
officer  in  command  of  t he  fire  department,  or  of  any  company,  in 
going  to  or  from  any  fire,  shall  have  the  authority  to  summon  any 
able  bodied  citizen  to  assist  in  drawing  any  apparatus  to  or  from  a 
fire,  or  rendering  any  other  necessary  assistance  in  suppressing  a fire; 
and  any  person  who  shall  neglect  or  refuse  to  render  such  assistance 
when  summoned  so  to  do  by  any  officer  as  aforesaid,  shall  be  fined 
not  less  than  three  nor  more  than  fifty  dollars. 

City  Engineer  to  Detail  Men  to  Clean  Apparatus. 
§ 10.  The  city  engineer,  or  superintendent  of  street  labor,  shall 
whenever  requested  so  to  do  by  the  commanding  officer  of  the  fire 
department,  detail  from  the  men  under  his  control,  and  in  the  em- 
ploy of  the  city,  a sufficient  number  of  men,  who,  immediately  after 
a fire,  parade  or  exercise  of  companies  of  the  department,  shall 
cleanse  and  put  in  order  the  fire  apparatus  belonging  to  such  com- 
panies or  used  by  them. 

Review  of  Fire  Department.]  § 11.  There  shall  be  a 
general  review  or  exercise  of  the  department  with  the  fire  apparatus 
belonging  thereto,  by  the  mayor  and  city  council,  during  the  month 
of  October  in  each  year,  and  at  such  other  times  as  may  be  deemed 
necessary  by  the  mayor.  Tne  mayor  shall  fix  the  time,  and  direct 
the  details  of  such  reviews,  and  issue  his  orders  therefor  to  the  chief 
of  the  fire  department. 

Members  of  Fire  Department  to  Obey  Orders  of 
Officers.]  § 12.  Every  member  of  any  company  organized 
under  this  chapter,  shall  obey  all  orders  given  him  by  the  chief  of  the 
fire  department,  or  the  officer  commanding  the  company.  And  any 
person  violating  or  refusing  to  obey  any  such  order  shall  be  deemed 
guilty  of  a misdemeanor,  and  on  conviction  thereof  shall  be  fined  not 
less  than  two  dollar  nor  more  than  fifty  dollars,  and  shall  be  expelled 
from  said  fire  department. 

Policemen  to  Assist  Firemen.]  § 13.  It  shall  be  the  duty 
of  all  members  of  the  police  force  to  assist  in  drawing  apparatus  to 
and  from  fires,  and  they  shall  assist  in  the  working  of  all  fire  appa- 
ratus at  fires  and  shall  take  part  in  all  drills  and  exercises  of  the 
department.  It  shall  be  the  duty  of  all  policemen,  whether  on  duty 
or  not,  to  respond  to  all  fire  alarms,  and  when  not  needed  in  the 
preservation  of  property  or  the  public  peace,  they  shall  report  to  the 
chief  of  the  fire  department  and  be  assigned  by  him  to  some  company 
attending  the  fire,  and  upon  such  assignment  they  shall  assist  in 
working  the  fire  apparatus,  under  the  orders  and  direction  of  the 
officer  commanding  such  company. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


Fire  Apparatus — Places  For.]  § 14.  The  city  council 
shall  from  time  to  time  procure  the  necessary  hose  reels,  carts,  hooks, 
ladders,  buckets,  hose,  and  other  apparatus  for  the  use  of  the  depart- 
ment, and  shall  designate  and  provide  safe  and  convenient  places  for 
the  same  in  the  different  fire  districts ; which  property  shall  be  dis- 
tributed to  the  different  companies  by  the  committee  on  fire  and 
water. 

Removing  or  Interfering  with  Apparatus.]  § 15.  Who- 
ever shall  remove  any  fire  apparatus  belonging  to  the  fire  department 
from  the  place  of  storage  thereof,  except  under  the  order  of  some 
duly  authorized  officer  of  the  department,  or  shall  use  such  apparatus, 
or  any  property  belonging  thereto,  for  any  purpose  other  than  the 
suppression  of  fires,  or  for  the  drill  of  the  company  to  which  it  may 
be  assigned,  or  shall  interfere  with  any  officer  in  command  of  the 
department  or  of  any  of  said  companies,  in  the  discharge  of  his 
duties  at  the  fire,  or  in  the  care  of  such  apparatus,  shall  be  in  either 
case,  fined  not  less  than  three  dollars,  nor  more  than  one  hundred 
dollars. 

Tearing  Down  Buildings.]  § 16.  The  mayor  or  the  officer 
in  command  at  any  fire  may  direct  the  tearing  down,  removal  or  de- 
struction by  any  proper  means,  of  any  building,  fence  or  erection, 
when  he  shall  deem  it  necessary  for  the  purpose  of  checking  the  pro- 
gress of  the  fire.  [R.  O,  1876.] 

Breaking  Apparatus.  § 17.  Whoever  shall  willfully  break, 
deface  or  destroy,  or  otherwise  injure  any  fire  apparatus  belonging  to 
the  city  or  any  fire  company,  shall  be  subject  to  a penalty  of  not  less 
than  twenty-five  dollars,  and  not  exceeding  one  hundred  dollars ; and 
in  addition  thereto  the  expenses  which  may  be  incurred  in  repairing 
the  injuries  committed,  shall  be  added  to  the  penalty  and  form  a part 
thereof. 

Driving  Vehicle  Over  Hose.]  § 18.  Whoever  shall  drive 
any  vehicle  over  any  hose  of  the  fire  department  laid  for  use  upon  any 
street  or  alley,  except  at  a point  where  such  hose  Is  protected  by 
wooden  railings  laid  along  side  thereof,  or  otherwise,  shall  be  fined 
not  less  than  three  dollars,  nor  more  than  fifty  dollars. 

Locomotives  or  Cars  Running  Over  Hose.]  § 19.  Any 
engineer  of  any  railroad  locomotive  who  shall  run  any  locomotive,  or 
any  car,  or  cars  attached  thereto,  over  any  hose  of  the  fire  depart- 
ment laid  for  use  over  or  across  any  railroad  track,  shall  be  fined  not 
less  than  five  dollars,  nor  more  than  fifty  dollars ; and  the  conductor, 
or  other  person  in  charge  of  any  such  car,  or  train  of  cars,  running 
over  said  hose  as  aforesaid,  shall  also  be  subject  to  the  same  penalty. 

Precedence  of  Companies  at  Hydrants.]  § 20.  In  all 
cases  of  fire,  the  hose  company,  or  any  member  thereof,  which  shall 
first  reach  a public  hydrant,  with  the  necessary  hose  to  attach  to  the 
same,  shall  be  entitled  to  the  use  of  the  hydrant ; and  any  person 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


43 


who  shall  attempt  to  hold  possession  of  such  hydrant  without  having 
the  hose  at  hand  for  immediate  use,  or  who  shall  refuse  to  let  the 
water  be  turned  on,  or  who,  having  a wrench  in  his  possession,  shall 
refuse  the  use  of  it  to  turn  the  water  on  or  shut  the  same  off,  shall  in 
either  case  be  fined  not  less  than  five  dollars,  nor  more  than  one  hun- 
dred dollars,  and  if  he  is  a member  of  the  fire  department  he  shall  be 
expelled  therefrom. 

Throwing  Water  on  Persons  or  Property  Unneces- 
sarily.] § 21.  Whoever  shall  willfully,  or  unnecessarily  throw 
any  stream  of  water  from  any  fire  hose  upon  any  person  or  property, 
whether  at  a fire,  or  drill  of  the  department,  or  in  the  test  of  any 
portion  of  the  water  works  of  the  city,  shall  be  fined  not  less  than 
three  dollars,  nor  more  than  fifty  dollars. 

Insignia  of  Officers.]  § 22.  The  chief  of  the  fire  depart- 
ment shall  be  designated  by  a band  on  his  hat  and  a white  speaking 
trumpet,  with  the  words  “chief”  printed  on  each.  The  foreman 
and  the  assistant  foremen  of  the  several  companies  shall  be  designat- 
ed with  a red  band  on  their  hats  and  red  speaking  trumpets  with 
the  words  “foreman,”  “first  assistant”  or  “second  assistant  fore- 
man,” as  the  case  may  be,  together  with  the  number  of  their  com- 
pany printed  thereon. 

Uniform  and  Badges  of  Men.]  § 23.  The  several  com- 
panies may  provide  themselves  with  such  uniforms  or  badges  as  they 
may  desire,  subject  to  the  approval  of  the  city  council. 

Absence  of  Chief.]  § 24.  The  chief  of  the  fire  deparment 
shall  not  absent  himself  from  the  city  without  permission  from  the 
mayor,  under  a penalty  of  not  less  than  five  dollars.  And  in  case 
of  his  absence,  or  any  vacancy  in  the  office  of  chief,  the  mayor 
shall  designate  the  foreman  of  any  company  of  the  department,  or 
other  competent  person,  as  the  acting  chief  of  the  fire  department, 
who  shall  possess  all  the  authority  and  power  of  the  officer  during 
such  temporary  appointment. 

Vehicles  Obstructing  Street  at  Fire.]  § 25.  Whoever 
shall  stop  with  any  wagon,  carriage  or  other  vehicle  in  the  street, 
at  any  point  contiguous  to  a fire,  so  as  to  obstruct  or  blockade  any 
street  or  alley,  shall  be  deemed  guilty  of  a misdemeanor,  and  on 
conviction  thereof  shall  be  fined  not  less  than  three  dollars  nor  more 
than  fifty  dollars. 


44 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


CHAPTER  XII. 


FEES  AND  SALARIES. 


Section. 

1.  Mayor’s  salary. 

2.  Compensation  of  aldermen. 

3.  City  attorney's  salary. 

4.  City  treasurer’s  salary. 


Section. 

5.  City  clerk's  salary. 

6.  City  engineer’s  salary. 

7.  Compensation  of  marshal  and  police. 

8.  Salaries  of  members  of  fire  department 


Mayor’s  Salary.]  § 1.  The  mayor  of  the  city  of  Danville 
shall  receive  an  annual  salary  of  six  hundred  dollars,  payable  in 
quarterly  installments. 

Compensation  of  Aldermen.]  § 2.  The  aldermen  of  said 
city  shall  each  receive  for  his  services  the  sum  of  two  dollars  per 
night  for  each  meeting  of  the  council,  actually  attended  by  him,  pay- 
able quarterly. 

Salary  of  City  Attorney.]  § 3.  The  city  attorney  shall 
receive  an  annual  salary  of  six  hundred  dollars,  per  annum,  payable 
quarterly. 

Salary  of  City  Treasurer.]  § 4.  The  city  treasurer  shall 
receive  as  his  salary  one  per  cent,  on  all  the  moneys  disbursed  by  him 
during  each  year,  payable  monthly. 

Salary  of  City  Clerk.]  § 5.  The  city  clerk  shall  receive 
an  annual  salary  of  six  hundred  and  fifty  dollars,  payable  monthly. 


Salary  of  City  Engineer.]  § 6.  The  city  engineer  shall 
receive  a salary  of  seventy-five  dollars  per  month,  payable  monthly. 

Compensation  of  Marshal  and  Police.]  § 7.  The  city 
marshal  shall  receive  a salary  of  seventy-five  dollars  per  month,  pay- 
able monthly ; and  each  policeman  shall  receive  fifty  five  dollars  per 
month,  payable  monthly  : Provided,  that  the  salary  of  the  men 

who  may  be  designated  as  turnkey  shall  receive  forty- five  dollars 
per  month. 

Salaries  of  Members  of  Fire  Department.]  § 8.  The 
salaries  of  the  several  members  of  the  paid  fire  department  shall  be 
as  follows,  viz: 

Chief  of  fire  department,  sixty  dollars  per  month. 

First  engineer,  sixty  dollars  per  month. 

Second  engineer,  fifty  dollars  per  month. 

Driver  of  engine,  fifty-five  dollars  per  month. 

Driver  of  hose  cart,  fifty  dollars  per  month. 

Stoker,  fifty  dollars  per  month. 

Hosemen,  fifty  dollars  per  month. 

Each  of  the  foregoing  salaries  payable  monthly.  This  section 
shall  not  apply  to  officers  or  men  of  volunteer  fire  companies  in  the 
service  of  the  city. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


45 


CHAPTER  XIII. 

HEALTH  DEPARTMENT. 

Section.  Section. 

1.  Board  of  health — organized  when.  io.  Duty  of  police — persons  confined  to 

2.  Officers  of  board — mayor  member.  infected  districts. 

3.  Duties  of  board.  11.  Unlawful  for  persons  to  go  abroad 

4.  Powers  of  board.  when. 

5.  Temporary  hospital.  12.  Duty  of  mayor  to  give  notice,  etc. 

6.  Removal  of  persons  to  hospitals.  13.  Mayor  to  employ  nurses,  etc. 

7.  Term  of  office  of  board — compensa-  14.  Duty  of  physicians. 

tion.  15.  Duty  of  marshal,  inspection,  etc. 

8.  Orders  of  the  board.  16.  Disobeying  orders  of  marshal — pen- 

9.  Small-pox — duty  of  mayor — flags,  etc  alty. 

Board  of  Health  Organized  When.]  § 1.  Whenever  the 
small-pox,  or  any  other  infectious,  contagious  or  malignant  disease 
exists  in  the  city,  or  whenever  there  is  danger  of  the  same  so  existing, 
or  whenever  the  sanitary  condition  of  the  city  demands  the  super- 
vision of  such  a board  for  the  preservation  of  the  public  health,  the 
mayor,  by  and  with  the  consent  of  the  city  council,  shall  nominate 
and  appoint  six  reputable  citizens  of  the  city,  who  shall  constitute  the 
board  of  health  in  and  for  the  city  of  Danville. 

Officers  of  Board — Mayor  a Member.]  § 2.  The  mayor 
of  the  city  shall  be  ex-officio  a member  of  the  board,  and  shall  act  as 
the  president  thereof,  and  preside  at  all  its  meetings.  The  city  clerk 
shall  act  as  the  secretary  of  the  board,  and  shall  keep  a record  of  all 
its  orders,  and  proceedings. 

Duties  of  the  Board.]  § 3.  The  board  shall  exercise  a gen- 
eral supervision  over  the  health  of  the  city,  and  shall  make  general 
and  diligent  examination  and  inquiry  into  all  matters  affecting  the 
same.  It  shall  cause  all  nuisances  to  be  abated  and  removed  which  it 
may  deem  prejudicial  to  the  public  health,  and  it  may  make  such 
sanitary  rules  and  regulations  as  it  deems  expedient  or  necessary  to 
preserve  and  promote  the  public  health  or  to  prevent  the  introduction 
or  spreading  of  any  contagious,  malignant,  infectious  or  pestilential 
disease. 

Bowers  of  the  Board.]  § 4.  Each  member  of  the  board 
shall  have  the  right  at  all  times  during  daylight  to  enter  any  house, 
store,  stable  or  other  building  or  premises,  and  to  examine  and  in- 
spect the  same,  and  if  he  deems  it  necessary,  to  cause  the  floors  to  be 
raised  in  order  that  he  may  examine  any  cellar,  vault,  sink  or  drain  ; 
and  to  cause  all  privies,  water  closets,  dry  wells,  swill  barrels  to 
be  cleansed,  renovated  or  removed ; and  to  cause  all  dead  animals,  or 
any  nauseous  or  unwholesome  thing  or  substance  to  be  removed  or 
disposed  of  as  they  may  direct ; and  to  cause  any  and  all  premises 
within  the  city  to  be  cleansed,  and  all  nuisances  removed  therefrom. 


46 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


In  case  of  pestilence  or  epidemic  disease,  or  of  danger  from  anticipat- 
ed or  impending  pestilence  or  disease,  or  in  case  the  sanitary  con- 
dition of  the  city  should  be  of  such  character  as  to  warrant  it,  the 
said  board  can  take  such  measures,  and  do,  order,  or  cause  to  be 
done,  such  acts  for  the  preservation  of  the  public  health  as  it  may 
deem  the  public  health  and  safety  demand.  » 

Temporary  Hospitals.]  § 5.  Whenever  it  may  be  deemed 
necessary,  the  city  council  shall  locate  and  establish  a temporary 
hospital  at  any  safe,  retired  or  proper  place,  not  exceeding  five  miles 
from  the  city,  and  the  said  hospital  shall  be  under  the  management 
and  care  of  the  board  of  health  when  organized.  The  said  board 
shall  have  power  to  provide  suitable  nurses  and  other  attendants  for 
all  persons  sent  to  said  hospital. 

Removing  Persons  to  Hospital.]  § 6.  The  board  of  health 
may  cause  any  person  having  any  infectious,  contagious,  or  pestilen- 
tial disease  to  be  removed  to  such  hospital,  and  there  provide  the 
necessary  medical  attention,  nurses,  and  other  provisions  for  such 
person,  at  his  expense,  if  he  is  able  to  pay  for  the  same,  and  if  not  so 
able,  then  at  the  expense  of  the  city. 

Term  of  Office  of  Board — Compensation.]  § 7.  The  term 
of  office  of  the  members  of  said  board  shall  not  extend  beyond  the 
municipal  year  in  which  they  are  appointed  ; and  the  city  council 
may,  by  resolution,  at  any  time  during  the  municipal  year,  discharge 
the  said  board  from  further  service.  The  said  several  members  of 
the  board  shall  not  be  entitled  to  any  compensation  for  their  services. 

Orders  of  the  Board — How  Made — Penalty  for  Disobey- 
ing.] § 8.  All  orders  of  the  board  when  in  session  shall  be  made 
in  writing  and  certified  to  by  the  clerk,  and  the  mayor  shall  cause 
them  to  be  executed  by  the  police  force  of  the  city.  Whoever  shall 
refuse  or  neglect  to  obey  any  order  of  the  said  board  of  health, 
or  any  member  thereof,  whether  general  or  special,  verbal  or  written, 
shall  be  deemed  guiltyof  a misdemeanor,  and  be  fined  not  less  than 
three  dollars,  nor  more  than  one  hundred  dollars. 

In  Case  of  Small  Pox,  etc. — Duty  of  Mayor — Flags,  etc.] 
§ 9.  Whenever  the  small  pox,  or  any  other  infectious  or  contagious 
disease  exists  in  the  city,  the  mayor  is  empowered,  and  it  is  hereby 
made  his  duty,  to  have  red  flags  put  up  and  kept  up  on  every  house  in 
which  such  disease  shall  break  out,  on  which  flags  or  on  boards  pre- 
pared for  that  purpose  shall  be  painted  or  printed  the  name  of  the 
disease.  [R.  O.  1876.] 

Duty  of  Police — Persons  Confined  to  Infected  Districts.] 
§ 10.  It  shall  be  the  duty  of  the  police  officers  of  the  city  to  see 
that  all  persons  connected  with  the  families,  or  residing  in  the  houses 
in  which  such  diseases  may  exist,  are  kept  within  the  infected  dis- 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


47 


tricts,  and  the  mayor  shall  so  assign  the  police  officers  to  duty,  that 
one  of  them  shall  visit  such  infected  districts  at  least  once  in  every 
three  hours  in  the  day  time,  and  at  least  twice  in  the  night  time,  and 
shall  perform  all  necessary  errands  for  the  persons  or  families  infected  ; 
and  such  police  officers  shall  see  that  the  persons  connected  with  the 
families  infected  aforesaid  are  kept  within  the  prescribed  limits.  [R. 
O.  1876.] 

Unlawful  for  Persons  to  go  Abroad  When.]  § ii.  It 
shall  not  be  lawful  for  any  person  connected  with  any  family,  or  an 
inmate  of  any  house  infected  as  aforesaid,  to  visit,  or  frequent,  or  go 
into  the  business  or  inhabited  portions,  streets  or  thoroughfares  of  the 
city  while  such  infectious  or  contagious  disease  shall  be  or  exist  in  the 
city,  and  every  person  who  shall  be  connected  with  any  family  or  an 
inmate  of  any  house  infected,  as  aforesaid,  who  shall  visit  or  frequent 
or  go  into  the  business  or  inhabited  portions,  streets  or  thoroughfares 
of  the  city  while  such  infectious  or  contagious  diseases  shall  be,  or 
exist  in  the  city,  shall  be  subject  to  a penalty  of  five  dollars  for  every 
time  he  shall  leave  the  said  infected  premises  for  the  purpose  of  going 
into  the  business  or  inhabited  portion,  streets  or  thoroughfares  of  the 
city  as  aforesaid.  [R.  O.  1876.] 

Duty  of  Mayor  to  Give  Notice — When.]  § 12.  When- 
ever it  shall  come  to  the  knowledge  of  the  mayor  that  any  infectious 
or  contagious  disease  has  broken  out  or  exists  in  the  city,  it  shall  be 
the  duty  of  the  mayor  to  give  notice  to  the  persons  occupying  the 
houses  or  premises  in  which  the  disease  exists,  that  the  provisions  of 
this  ordinance  will  be  enforced,  and  shall  give  notice  that  the  persons 
mentioned  in  section  eleven  of  this  ordinance  are  required  to  keep 
within  the  bounds  prescribed,  and  the  mayor  is  further  authorized  to 
see  that  the  families  thus  kept  within  bounds  are  furnished  with  all 
necessary  food  and  medicine.  [R.  O.  1876.] 

Mayor  to  Employ  Nurses.]  § 13.  Whenever  it  shall  be 
necessary,  in  case  of  an  infectious  or  contagious  disease,  to  employ 
nurses  or  attendants  for  the  persons  diseased  as  aforesaid,  the  mayor 
is  hereby  authorized  to  supply  the  necessary  nurses  and  attendants  at 
the  expense  of  the  persons  so  diseased,  or  their  natural  protectors, 
when  they  have  sufficient  property  for  that  purpose,  but  in  the  case  of 
a poor  person,  or  those  unable  to  procure  the  assistance  of  such  nurses 
or  attendants,  at  the  expense  of  the  city.  [R.  O.  1876.] 

Duty  of  Physicians.]  § 14.  It  shall  be  the  duty  of  all  physi- 
cians practicing  medicine  in  said  city,  whenever  any  case  of  small- 
pox, or  other  infectious,  contagious  or  pestilential  disease,  comes 
under  their  care  or  notice,  to  immediately  give  notice  of  the  same 
to  the  mayor.  Any  person  neglecting  or  refusing  to  give  notice  to  the 
mayor  as  required  by  this  section,  shall  be  fined  not  less  than  twenty- 
five  dollars,  nor  more  than  two  hundred  dollars. 

Duty  of  City  Marshal — Inspection,  etc.]  § 15.  When- 


48 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


ever  there  is  no  Board  of  Health  organized  in  the  city,  it  shall  be  the 
duty  of  the  city  marshal  from  time  to  time,  or  as  often  as  he  shall  be 
requested  by  the  mayor  to  go  into  or  upon  any  premises,  and  make  a 
careful  examination  of  the  same  with  reference  to  their  sanitary  con- 
dition and  arrangement,  and  to  give  such  orders  and  directions  in 
relation  to  their  ventilation,  cleanliness  and  sanitary  condition  in 
general,  as  he  may  deem  necessary  to  secure,  protect,  preserve  and 
restore  the  general  health  and  to  prevent  the  introduction  of  conta- 
gious or  other  diseases  into  the  city. 

Disobeying  Orders  of  Marshal.]  § 16.  Whoever  shall 
refuse  or  neglect  to  obey  or  carry  out  the  direction  or  orders  of  the 
marshal,  given  in  pursuance  of  the  preceeding  section,  shall  be  fined 
not  less  than  three  dollars  nor  more  than  ten  dollars  for  each  day  of 
such  neglect  or  refusal. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


49 


CHAPTER  XIV. 


JUNK  DEALERS. 

Section.  Section. 

1.  Junk  dealer  defined.  7.  Purchase  from  minors  forbidden. 

2.  Penalty  for  dealing  in  junk  without  8.  Time  goods  purchased  are  to  be  kept. 

license.  9.  Railroad  brass  and  iron — possession 

3.  Terms  upon  which  license  shall  be  of  prima  facie  evidence. 

granted.  10.  Agents  of  junk  dealer  liable,  etc. 

4.  Expiration  of  license.  11.  Violation  of  chapter  to  cause  forfeit- 

5.  [unk  dealer's  record.  ure  of  license. 

6.  inspection — penalty  for  refusing  or 

evading. 

Junk  Dealers  Defined.]  § 1.  Whoever  shall  deal  in,  pur- 
chase, buy  or  barter  for  old  iron,  copper,  brass,  or  other  metal,  rags, 
old  rope,  old  canvass,  or  such  material  as  is  usually  denominated  or 
known  as  junk,  are  hereby  declared  to  be  junk  dealers,  within  the 
meaning  of  this  ordinance. 

Penalty  for  Dealing  in  Junk  Without  License.]  § 2. 
Whoever  shall  carry  on  or  conduct  the  business  of  a junk  dealer 
within  the  city  of  Danville,  without  having  first  obtained  a license  so 
to  do,  in  accordance  with  the  provisions  of  this  chapter,  shall  be  fined 
not  less  than  one  hundred  dollars  for  each  and  every  offense. 

Terms  upon  which  License  shall  be  Granted.]  § 3.  The 
mayor  is  hereby  authorized  to  grant  a license  to  junk  dealers  at  his 
discretion  on  the  following  conditions : 

First : The  person  so  applying  for  such  license  shall  be,  to  the 
satisfaction  of  the  mayor,  a person  of  good  moral  character,  and  such 
applicant  shall  pay  as  a license  fee  the  sum  of  one  hundred  dollars  per 
year,  payable  in  quarterly  installments  in  advance. 

Second : The  applicant  shall  execute  a bond  to  the  City  of  Dan- 
ville with  one  or  more  sureties  to  be  approved  by  the  mayor  in  the 
penal  sum  of  one  thousand  dollars,  conditioned  that  the  said  applicant 
shall,  in  every  particular  conform  to  the  requirements  or  provisions  of 
all  existing  ordinances  of  said  city  and  such  ordinances  as  may  there- 
after be  passed,  concerning  junk  dealers ; and  thereupon  the  city  clerk 
shall  issue  to  such  applicant  a license  as  junk  dealer,  under  the  corpo- 
rate seal  of  the  city,  signed  by  the  mayor  and  countersigned  by 
the  clerk. 

Expiration  of  License.]  § 4.  Every  license  issued  under 
this  chapter  shall  expire  at  the  end  of  the  municipal  year  in  which  it 
is  granted,  subject,  however,  to  the  right  of  the  mayor  to  revoke  such 
license  at  any  time,  in  his  discretion,  for  cause  which  may  appear  to 
him  sufficient. 

Junk  Dealer’s  Record  to  be  Kept.]  § 5.  Every  person 


50 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


licensed,  as  aforesaid  shall  keep  at  his  place  of  business,  a substantial 
and  well  bound  book,  in  which  he  shall  enter  a description  of  all  per- 
sonal property  purchased  by  him,  with  the  date  of  the  purchase,  the 
name,  and  residence  or  place  of  business  of  the  person  from  whojn 
such  purchase  was  made,  also  entering  any  prominent  or  descriptive 
marks  that  may  be  on  such  property.  Said  book  shall  be  kept  clean 
and  legible  and  all  the  entries  made  therein  shall  be  in  ink ; and  no 
entry  therein  shall  be  afterwards  erased,  obliterated  or  defaced.  Any  . 
person  licensed  under  this  chapter,  as  aforesaid,  who  shall  neglect  or 
refuse  to  comply  with  any  of  the  provisions  of  this  section,  shall  be 
fined  not  less  than  five  dollars,  nor  more  than  one  hundred  dollars 
for  each  and  every  offense. 

Inspection.]  § 6.  Every  person  so  licensed  as  aforesaid  shall, 
during  ordinary  business  hours,  when  requested  by  the  mayor,  mar- 
shal, or  any  policeman,  submit  and  exhibit  said  book,  provided  for  in 
section  five  of  this  chapter,  to  the  inspection  of  either  of  the  above 
named  officers.  And  every  such  person  licensed  as  aforesaid,  shall 
also  allow  the  mayor,  city  marshal,  or  any  policeman  of  the  said  city 
to  enter  the  place  of  business  of  such  person  during  business  hours  and 
examine  and  inspect  the  stock  in  trade  belonging  to  such  person,  and 
make  such  examination  of  his  premises  as  such  officer  may  desire  in 
the  discharge  of  his  official  business.  Any  person  who  shall  refuse  to 
permit  such  officer  to  make  such  inspection,  or  shall  hinder,  delay  or 
obstruct  him  in  making  the  same,  or  shall  refuse  to  show  such  officer 
any  property,  article  or  thing  in  the  custody  or  possession  of  such 
junk  dealer,  when  requested  so  to  do  by  such  officer  shall,  in  either 
case,  be  fined  not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars  for  each  offense. 

Purchasing  from  Minors  Forbidden.]  § 7.  No  keeper  of 
a junk  shop  shall  purchase  any  goods,  article  or  thing  whatsoever, 
except  old  rags,  old  rubber  boots  or  shoes,  and  waste  paper,  from  any 
minor  under  the  age  of  eighteen  years,  without  the  written  consent  of 
the  parent  or  guardian  of  such  minor  specifying  the  article  permitted 
to  be  sold,  under  a penalty  of  not  less  than  five  nor  more  than  fifty 
dollars  for  each  offense. 

Time  Goods  are  to  be  Kept.]  § 8.  Every  junk  dealer  shall 
keep  in  his  possession,  without  changing  the  form  or  character  thereof, 
each  article  of  property  received  by  him  in  the  course  of  his  business 
as  such  junk  dealer,  for  the  full  period  of  three  days,  under  a penalty 
of  ten  dollars  for  each  offense. 

Railroad  Brass  and  Iron,  etc.]  § 9.  No  junk  dealer  shall 
purchase  or  receive  any  car-truck  brass,  or  railroad  brass  of  any  kind, 
or  railroad  iron  of  any  description  from  any  person,  except  from  rail- 
road corporations,  or  their  agents  duly  authorized  to  sell  the  same, 
under  a penalty  of  not  less  than  ten  dollars,  nor  more  than  one  hun- 
dred dollars  for  each  offense.  The  fact  that  any  such  railroad  brass 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


51 


or  railroad  iron  is  found  in  the  possession  of,  or  in  the  place  of  business 
of  any  junk  dealer,  shall  be  considered  as prima  facie  evidence  of  a vi- 
olation of  this  section,  and,  unless  such  possession  is  shown  to  have  been 
acquired  lawfully,  shall  subject  such  dealer  to  the  aforesaid  penalty, 
and  be  sufficient  cause  for  the  immediate  forfeiture  of  his  license. 

Agents  or  Employees  of  Junk  Dealer.]  § io.  Any  agent, 
clerk,  or  employee  of  any  licensed  junk  dealer,  who  shall  violate  any 
of  the  provisions  of  this  chapter,  shall  be  subject  to  the  same  penalties 
herein  prescribed  for  such  violation,  when  done  by  a licensed  junk 
dealer. 

Violations  of  this  chapter  to  cause  Forfeiture  of  Li- 
cense.] § ii.  Any  violation  of  any  of  the  provisions  of  this  chap- 
ter by  any  junk  dealer,  or  by  his  clerk,  agent,  or  employee  shall  be 
sufficient  cause  for  the  revocation  of  the  license  of  such  junk  dealer, 
in  the  discretion  of  the  mayor. 


52 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


CHAPTER  XV. 


LICENSE. 


Section.  Sf.ction. 

1. 

Mayor  to  receive  application. 

5- 

Not  assignable,  without  consent. 

2. 

Applications — how  made. 

6. 

Clerk  to  keep  register. 

3- 

Terms  of  License;  how  signed,  etc. 

7- 

Form  of  license. 

4- 

Subject  to  ordinances ; may  be  re- 
voked, etc. 

8. 

Duty  of  marshal. 

Mayor  to  Receive  Applications.]  § i.  The  mayor  shall 
receive  applications  for  licenses  and  grant  the  same  in  all  cases 
where  it  is  not  otherwise  expressly  provided,  upon  the  terms  and 
conditions  specified  by  ordinance.  But  if  he  shall  not  feel  author- 
ized to  grant  any  application  for  a license  for  any  purpose,  he  may 
report  such  application  to  the  next  meeting  of  the  city  council  for 
their  action  thereon.  [R.  O.  1876.] 

Applications,  How  Made.]  § 2.  Any  person  desiring  a 
license  under  the  ordinances  of  the  city  for  any  purpose,  shall  make 
a written  application  to  the  mayor  therefor,  stating  the  purpose  for 
which  the  same  is  desired,  for  what  length  of  time,  and  specify  the 
place  where  his  business  is  to  be  carried  on,  and,  if  required  by 
ordinance,  to  file  bond  before  being  licensed  ; he  shall  also  name 
his  proposed  sureties  on  his  bond  in  his  application.  If  the  mayor 
shall  grant  such  application,  he  shall  indorse  the  same  thereon,  to- 
gether with  the  amount  taxed  for  the  license,  and  upon  the  filing 
of  the  application  so  indorsed,  with  the  city  clerk,  and  the  pay- 
ment of  the  amount  specified,  the  city  clerk  shall  issue  to  such 
applicant  a license  for  the  purpose  and  time  specified.  [R.O.1876.] 

Term  of  License — How  Signed,  etc.]  § 3.  No  license 
shall  be  granted  for  a longer  period  than  the  municipal  year,  and  all 
licenses  shall  be  signed  by  the  mayor  and  countersigned  by  the  city 
clerk,  under  the  corporate  seal.  No  license  shall  be  valid  until  signed 
and  countersigned  as  aforesaid,  nor  shall  any  person  be  deemed 
licensed  until  a license  shall  be  duly  issued  to  him.  Each  license 
shall  be  dated  the  day  of  the  issuing  thereof,  but  if  the  applicant  has 
been  acting  without  a license,  then  it  shall  be  dated  from  the  time  he 
commenced  acting.  [R.  O.  1876.  J 

License  Subject  to  Ordinances — Revocation.]  § 4.  All 
licenses  granted  shall  be  subject  to  all  ordinances  relating  to  license 
which  may  be  in  force  at  the  time  of  the  issuing  thereof,  or  which  may 
be  subsequently  adopted  by  the  city  council,  or  if  any  person  licensed 
shall  violate  any  provision  of  any  ordinance  in  relation  to  his  license, 
he  may  be  proceeded  against  for  any  fine  or  penalty  imposed  thereby, 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


53 


and  his  license  may  be  revoked  or  forfeited,  in  the  discretion  of  the 
city  council,  or  of  the  court  or  magistrate  before  whom  any  action 
may  be  brought  for  the  recovery  of  any  fine  or  penalty.  [R.  O.  1876.] 

Licenses  not  Assignable.]  § 5.  No  license  granted  shall  be 
assignable  or  transferable,  nor  shall  any  person  be  authorized  to  do 
business,  or  act  under  such  license  but  the  person  to  whom  it  is 
granted,  or  in  any  other  place  than  the  place  specified  therein,  with- 
out the  consent  of  the  city  council,  to  be  certified  on  such  license  by 
the  city  clerk,  nor  shall  any  license  authorize  any  person  to  act  under 
it  at  more  than  one  place  at  the  same  time,  norat  any  other  time  than 
is  therein  specified.  Whoever  shall  violate  any  provisions  of  this 
section,  shall  be  deemed  to  be  acting  without  license,  and  shall  be 
subject  to  the  same  penalty  as  is  prescribed  for  acting  without  license. 
[R.  O.  1876.] 

Register  of  License.]  § 6.  The  city  clerk  shall  keep  a 
license  register  in  which  he  shall  enter  the  name  of  each  person 
licensed,  for  what  purpose  licensed,  the  place  of  business,  the  date  of 
the  license,  the  amount  paid  and  the  date  of  the  expiration  of  the 
same.  He  shall  pay  into  the  city  treasury  on  the  first  Monday  of 
each  month  all  money  received  by  him  on  account  of  licenses.  He 
may  charge  and  receive  a fee  of  fifty  cents  for  each  license  issued  by 
him  where  the  fee  charged  is  ten  dollars  or  less,  and  one  dollar  and 
fifty  cents  where  the  fee  charged  is  more  than  ten  dollars,  and  a fee  of 
fifty  cents  for  certifying  the  consent  of  the  city  council  to  the  assign- 
ment, or  transfer  of  any  license  or  change  of  place  of  business  of 
any  licensee.  [R.  O.  1876.] 

Form  of  License  ] § 7.  Licenses  may  issue,  as  near  as  may 

be,  In  the  following  form,  to-wit : “A.  B. , of  the  city  of 

Danville,  to  all  whom  these  presents  may  come,  greeting  : Know  ye 

that  C.  D.,  having  made  application  111  due  form,  filed  bond,  and 

paid  into  the  city  treasury dollars,  and  in  all  other  respects 

complied  with  the  ordinance  of  the  city  in  this  behalf,  therefore,  I,  A. 
B.,  mayor  of  the  city  of  Danville,  for  and  in  behalf  of  said  city,  do 
hereby  authorize,  empower  and  license  the  said  C.  D.,  (here  set  forth 

the  business  or  purpose  of  the  license)  at for from . 

Nevertheless,  this  license  is  granted  upon  this  express  condition,  that 
if  the  said  C.  D.  shall  observe  and  obey  all  ordinances  of  the  city 
which  are  or  may  be  in  force  regulating  or  relating  to  said  business, 
then  this  license  shall  be  valid  for  the  said  period  ; otherwise  it  may  be 
annulled,  revoked  or  forfeited  at  the  option  of  the  city  council,  or  in 
any  other  manner  provided  by  ordinance. 

In  testimony  whereof,  I have  hereunto  set  my  hand  and  caused 
the  corporate  seal  of  said  city  to  be  affixed  at  the  city  of  Danville, 
this — day  of , A.  D.  18 — . 

[seal.]  A.  B.,  Mayor. 

Countersigned  and  registered:  E.  F.,  City  Clerk.  [R.  O.  1876.]. 


54 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


Duty  of  Marshal.]  § 8.  The  city  marshal  shall  enforce  all 
ordinances  in  relation  to  licenses,  and  shall  from  time  to  time  exam- 
ine the  license  register,  and  prosecute  all  persons  who  may  be  acting 
without  license.  [R.  O.  1876.] 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


55 


CHAPTER  XVI. 


LIQUORS. 


SECTION. 

1.  Liquors;  license  required. 

2.  Mayor  to  grant;  application  to  be 

in  writing ; not  to  be  granted  to 
minor  or  non-resident. 

3.  Bonds  required. 

4.  Application  to  state  time,  place  and 

names  of  sureties. 

5.  Application  for  license  to  be  pre- 

sented to  mayor;  persons  disqual- 
ified. 

6.  License ; when  granted. 

7.  License  to  be  granted  only  to  party 

making  application. 

8.  Dramshop  to  be  closed  on  Sunday ; 

penalty. 

9.  Marshal  and  police  to  enforce  ordi- 

nances. 

10.  License  may  be  revoked — when. 

11.  Dramshop  open — when. 

12.  Keeper  of  dramshop  to  keep  orderly 

house — penalty. 

13.  Drunkenness  and  gaming  forbidden 

— penalty. 


Section. 

14.  Officers  to  report  convictions — pen- 

alty. 

15.  License  not  to  be  granted  when 

fines  are  unpaid. 

16.  Minors  not  to  be  employed  nor 

permitted  to  frequent  dramshops 
— penalty. 

16a.  Minors  forbidden  in  saloons,  etc. 

17.  Liquor  not  to  be  sold  to  habitual 

drunkard. 

18.  License  not  to  be  assigned;  one 

place  of  business. 

19.  License  and  ordinance  to  be  posted. 

20.  Permits  to  druggists. 

21.  Druggists  to  make  application  for 

permit. 

22.  Druggists  to  keep  register — penalty. 

23.  False  statement  to  druggist — pen- 

alty. 

24.  Mayor  to  present  application  for 

permit ; permit  to  be  signed  and 
countersigned. 

25.  Druggists  to  give  bonds. 

26.  Evasion,  etc. 


Liquors;  License  Required.]  § 1.  No  person  shall,  within 
the  city,  by  himself,  his  servant  or  clerk,  directly  or  indirectly  sell, 
barter,  exchange  or  deliver,  or  otherwise  dispose  of  any  intoxicating, 
malt,  vinous,  mixed  or  fermented  liquors  in  a less  quantity  than  one 
gallon,  to  be  carried  away  at  one  time  from  the  place  of  sale  or  de- 
livery, or  in  any  quantity  whatever  to  be  drank  upon  the  premises,  or 
in  or  upon  any  adjacent  room,  building,  yard  or  premises  or  place  of 
public  resort,  without  a license  therefor  in  accordance  with  the  re- 
quirements hereof,  under  a penalty  of  not  less  than  twenty  dollars 
and  not  exceeding  one  hundred  dollars,  for  each  offense.  [R.  O. 
1876.  | 

Mayor  and  Council  to  Grant  License — Rate  of  Li- 
cense.] § 2.  The  mayor,  by  and  with  the  consent  of  the  city 
council,  may  grant  license  to  such  person  or  persons  as  may  apply 
therefor  to  him  in  writing,  to  retail  intoxicating,  malt,  vinous,  mixed 
or  fermented  liquor  in  any  quantity  less  than  one  gallon,  upon  such 
person  or  persons  paying  into  the  city  treasury  a sum  at  the  rate  of 
six  hundred  dollars  per  annum,  payable  quarterly  in  advance,  and 
entering  into  bonds  in  the  manner  required  in  the  third  section 
hereof.  Provided , that  no  license  shall  be  granted  under  the  pro- 
visions of  this  ordinance  to  any  minor  or  non-resident  of  the  city. 
[R.  O.  1876.] 


56 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


Bond  to  People  and  City  Required.]  § 3.  Before  a 
license  shall  be  granted  to  keep  a dramshop  for  the  sale  of  intox- 
icating, malt,  vinous,  mixed  or  fermented  liquors  under  the  provisions 
hereof,  the  person  or  persons  applying  for  such  license  shall  execute  a 
bond  in  the  penal  sum  of  three  thousand  dollars,  payable  to  the 
People  of  the  State  of  Illinois,  with  at  least  two  good  and  sufficient 
sureties,  free  holders  of  the  county  in  which  the  license  is  to  be 
granted,  to  be  approved  by  the  mayor  and  council,  conditioned  that 
the  person  to  whom  such  license  is  granted  shall  pay  to  all  persons 
all  damages  that  they  may  sustain  either  in  person  or  property,  or 
means  of  support,  by  reason  of  the  person  so  obtaining  a license  sell- 
ing or  giving  away  intoxicating  liquors,  as  required  by  law.  And  such 
persons  shall  also  execute  a bond  to  the  city  of  Danville  in  the  sum 
of  one  thousand  dollars  liquidated  damages,  signed  by  at  least  two 
freeholders  of  the  city,  each  to  the  value  over  and  above  their  home- 
stead exemption  of  at  least  the  penalty  of  the  bond  as  sureties,  to  be  ap- 
proved by  the  city  council,  and  conditioned  that  the  person  to  whom 
such  license  is  granted  shall  observe  and  obey  all  laws  and  ordinances 
nowin  force,  or  such  as  may  hereafter  be  in  force  regulatingand  govern- 
ing keepers  of  dramshops  ; and  any  breach  of  its  condition  shall  work  a 
forfeiture  of  the  whole  penalty  thereof,  the  amount  of  which  shall  be  re- 
covered before  any  court  having  jurisdiction.  Any  person  offered  as  secu- 
rity upon  the  first  of  the  herein  named  bonds,  payable  To  the  People  of 
the  State  of  Illinois,  maj  be  required  by  the  mayor  to  appear  in 
person  before  him,  and  he  may  examine  him  under  oath  and  require 
him  to  subscribe  and  swear  to  his  statement  in  regard  to  his  pecuniary 
ability  to  become  such  security.  [R.  O.  1876.] 

Application  for  License.]  § 4.  Any  person  desiring  a li- 
cense, under  the  ordinance  of  the  city,  to  keep  a dramshop  for  selling 
at  retail  intoxicating,  malti  vinous,  mixed  or  fermented  liquors  in  less 
quantities  than  one  gallon,  shall  make  a written  application  to  the 
mayor,  stating  the  length  of  time  for  which  he  desires  such  license, 
the  place  where  his  business  is  to  be  carried  on,  and  the  names  of  the 
persons  who  will  become  his  sureties  on  the  bond  required  by  ordi- 
nance. 

Applications  to  be  Presented  to  Council — Persons  Dis- 
qualified.] § 5.  When  application  is  made  for  a license  to  keep  a 
dramshop  as  aforesaid,  it  shall  be  the  duty  of  the  mayor  to  receive 
and  present  the  same  at  the  next  meeting  of  the  city  council,  and  the 
city  council  may  grant  the  same  upon  the  terms  and  conditions  speci- 
fied by  ordinance,  unless  the  applicant  or  one  or  more  of  the 
applicants  shall  be  a minor  or  non-resident  of  the  city,  or  shall  have 
been  convicted  of  some  crime  which  by  the  laws  of  this  state  would 
render  him,  her  or  them  infamous,  or  shall  have  been  twice  convicted 
of  violating  the  ordinance  of  said  city  concerning,  regulating  or  gov- 
erning keepers  of  dramshops  or  retailers  of  liquors,  or  unless  such 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


57 


applicant  or  applicants  or  some  one  or  more  of  them  shall  have  failed 
or  refused,  after  having  been  once  convicted  of  any  violation,  to  pay 
the  fine  or  penalty,  or  the  cost  or  some  part  thereof  assessed  therefor. 
If  the  application  be  granted,  the  mayor  shall  endorse  the  grant  there- 
of on  such  application,  together  with  the  amount  taxed  for  such 
license.  [R.  O.  1876.] 

Clerk  to  Issue  License.]  § 6.  Upon  the  filing  of  the  appli- 
cation so  endorsed  as  aforesaid  in  the  city  clerk’s  office,  together  with 
the  bond  aforesaid,  conditioned  as  aforesaid,  with  such  securities  and 
approved  as  aforesaid,  and  the  approval  thereof  endorsed  thereon,  and 
paying  to  the  city  clerk  the  amount  required  for  such  license,  a license 
to  retail  intoxicating,  malt,  vinous,  mixed  or  fermented  liquors  in  any 
quantity  less  than  one  gallon  at  the  place  named  in  the  application, 
shall  be  issued  to  such  applicant  in  the  general  form  and  manner  pre- 
scribed by  the  ordinance  of  said  city  for  other  license. 

License  only  Granted  to  Party  Making  Application.] 
§ 7.  Whenever  any  person  shall  make  application  to  the  mayor  for  a 
license  to  keep  a dramshop  for  retailing  intoxicating,  malt,  vinous, 
mixed  or  fermented  liquors,  and  the  mayor  shall  be  satisfied  that  the 
application  is  made  for  the  benefit  of  any  other  person,  who  is  not 
entitled  to  a license  under  the  provisions  of  this  ordinance,  or  that  any 
such  person  not  entitled  to  a license  is  to  be  in  any  manner  interested 
in  the  business  to  be  carried  on  under  such  license,  or  in  any  manner 
employed  therein,  or  if  he  shall  be  satisfied  that  such  application  is 
made  for  the  purpose  of  avoiding  the  15th  section  of  this  ordinance, 
he  shall  refuse  to  grant  such  license,  and  if  any  person  shall  make  such 
application  for  the  benefit  of  any  other  person  not  entitled  to  a 
license  under  the  provisions  hereof,  or  if  any  person  not  entitled  to 
such  license  shall  be  in  any  manner  interested  in  the  business  to  be 
carried  on  under  such  license,  or  shall  be  employed  as  an  agent,  clerk 
or  servant  in  such  business,  then  any  license  which  may  be  granted  on 
such  application  shall  be  absolutely  null  and  void. 

Selling  on  Sunday  Forbidden.]  § 8.  No  keeper  of  a dram- 
shop, licensed  under  the  provisions  hereof  to  retail  intoxicating,  malt, 
vinous,  mixed  or  fermented  liquors  shall,  on  Sundays,  keep  open  or 
suffer  or  permit  to  be  kept  open  any  part  of  his  place  of  business,  nor 
shall  on  Sundays  in  any  manner  sell  or  deliver  any  intoxicating,  malt, 
vinous,  mixed  or  fermented  liquors,  or  suffer  or  permit  any  such  liquor 
to  be  used  or  drank  on  his  place  of  business,  or  in  any  place  adjacent 
thereto  under  his  control,  under  a penalty  of  not  less  than  fifty  dollars, 
nor  more  than  two  hundred  dollars  for  each  offense.  [R.  O.  1876.] 

Duty  of  Police  Officers.]  § 9.  The  city  marshal  and 
policemen  shall  see  that  the  provisions  hereof  are  strictly  observed 
and  enforced,  and  shall  prosecute  all  violations  of  the  same,  and  any 
person  may  make  complaint  of  any  violation  before  the  police  magis- 


58 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


trate  and  have  the  offender  prosecuted  as  in  other  cases, and  it  shall  be 
the  duty  of  the  city  marshal  and  all  policemen  to  arrest  or  cause  to  be 
arrested  and  prosecuted  without  delay  all  persons  who  may  be  found 
intoxicated  or  riotous  in  any  public  place.  [R.  O.  1876.] 

Forfeiture  of  License  on  Second  Conviction.]  § 10. 
Upon  a second  conviction  for  a violation  of  any  of  the  provisions 
hereof,  in  addition  to  the  penalty  imposed  the  license  of  the  offender 
may,  by  resolution  of  the  council,  be  revoked  or  declared  forfeited  at 
the  option  of  the  city  council.  [R.  O.  1876.] 

Dram  Shop  Open,  at  What  Hours.]  §11.  No  keeper 
of  a dram  shop  shall  keep  open,  or  suffer  to  be  kept  open  his  place 
of  business,  or  sell  any  liquor  therein,  or  therefrom,  or  suffer  any  per- 
son not  belonging  thereto  or  connected  therewith,  to  remain  in 
any  part  thereof,  before  the  hour  of  five  o’clock  in  the  morning, 
or  after  the  hour  of  ten  o’clock  in  the  evening  of  each  day.  Any 
person  violating  this  section  or  any  part  thereof,  shall  be  fined  not 
less  than  five  dollars,  nor  more  than  one  hundred  dollars  for  each 
offense. 

Keeper  of  Dramshop  to  Keep  Orderly  House — Penalty.] 
§ 12.  No  keeper  of  a dramshop  licensed  under  the  provisions  hereof 
to  retail  intoxicating,  malt,  vinous,  mixed  or  fermented  liquors,  shall 
suffer  any  violent,  tumultuous,  offensive  or  disorderly  conduct,  or 
obscene,  profane  or  unseemly  language,  quarreling,  fighting,  or  other 
disturbance  in  or  about  his  place  of  business,  or  in  any  place  adjacent 
thereto  under  his  control,  to  the  annoyance,  disturbance  or  vexa- 
tion of  others,  under  a penalty  of  not  less  than  five  dollars,  nor  more 
than  one  hundred  dollars  for  each  violation  [R.  O.  1876.] 

Drinking  to  Excess — Gaming  Forbidden.]  § 13.  No 

keeper  of  a dramshop,  licensed  under  the  provisions  hereof  to  retail 
intoxicating,  malt,  vinous,  mixed  or  fermented  liquors  as  aforesaid, 
shall,  by  himself,  his  clerk  or  his  servant,  suffer  or  permit  any  person 
to  drink  to  excess  on  his  premises,  nor  shall  suffer  or  permit  any  species 
of  gaming  in  any  part  thereof,  or  in  any  place  adjacent  thereto  under 
his  control,  under  a penalty  of  not  less  than  ten  dollars,  and  not 
exceeding  two  hundred  dollars  for  each  offense.  [R.  O.  1876.] 

Duty  of'  Officers  to  Report  Convictions  to  Mayor.] 
§ 14.  Whenever  any  person  or  persons  licensed  under  this  or  any 
other  ordinance  of  said  city  to  keep  a dram  shop  as  aforesaid,  shall  be 
by  any  court  of  competent  jurisdiction  adjudged  to  pay  any  fine,  cost 
or  penalty  for  violating  the  ordinance  of  said  city  regulating,  govern- 
ing or  concerning  the  keepers  of  dram  shops,  it  shall  be  the  duty  of 
the  city  attorney,  city  marshal,  policemen  or  other  officers  of  the  city 
making  complaint  in  or  prosecuting  the  same,  wherein  such  judgment 
was  rendered,  and  each  ancT  all  such  officers,  immediately  to  report 
such  judgment  to  the  mayor ; and  if  any  such  officers  shall  fail  or  refuse 
to  make  such  report  within  two  days  after  the  rendition  of  such  judg- 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


59 


ment,  he  shall  be  subject  to  a penalty  of  not  less  than  ten  dollars,  nor 
more  than  one  hundred  dollars.  [K.  O.  1876.] 

License  Not  to  be  Granted  When.]  § 15.  Whenever  any 
person  licensed  to  keep  a dramshop  as  aforesaid,  shall  be  convicted  of 
violating  any  ordinance  of  the  city  concerning,  regulating  o^ govern- 
ing keepers  of  dramshops  or  retailers  of  liquors,  it  shall  be  the  duty  of 
the  mayor  and  council  to  refuse  to  grant  such  person  any  other  or 
further  license  to  retail  intoxicating,  malt,  vinous,  mixed  or  fermented 
liquors  in  the  city,  until  the  fine  or  penalty  adjudged  against  such 
person  for  such  violation  shall  have  been  fully  paid  and  satisfied, 
together  with  all  costs  therein,  or  the  case  wherein  such  fine  or  pen- 
alty was  adjudged  shall  have  been  duly  appealed.  And  whenever  any 
person  licensed  to  retail  intoxicating,  malt,  vinous,  mixed  or  fermented 
liquors  as  aforesaid  shall  have  been  twice  convicted  before  any  court 
of  competent  jurisdiction  of  violating  any  such  ordinance  of  the  city, 
it  shall  be  in  the  discretion  of  the  mayor  to  refuse  such  person  so  con- 
victed any  other  or  further  license  to  keep  a dramshop  in  said  city; 
and  whenever  any  person  so  licensed  as  aforesaid,  shall  have  been 
three  times  convicted  before  any  such  court  of  violating  any  such 
ordinance,  it  shall  be  the  duty  of  the  mayor  forever  thereafter  to 
refuse  to  grant  such  person  so  convicted  any  license  to  sell  intoxicat- 
ing, malt,  vinous,  mixed  or  fermented  liquors  in  said  city.  Provided , 
however , that  if  any  of  the  cases  wherein  the  persons  licensed  as  afore- 
said shall  have  been  convicted  as  aforesaid  shall  be  appealed,  and 
upon  the  hearing  of  such  cause  on  appeal  such  person  shall  be  found 
not  guilty  of  the  violation  or  violations  for  which  he  was  convicted  in 
the  court  below,  or  of  the  fine  or  penalty  adjudged  for  such  violation 
whereof  he  may  be  convicted  shall  be  remitted  by  the  city  council, 
then  such  conviction  shall  not  be  considered  from  and  after  the 
reversal  thereof,  or  the  remission  of  the  fine  or  penalty  assessed  there- 
for, as  a conviction  within  the  meaning  of  this  section  so  as  to  bar 
such  person  of  his  right  to  such  license.  [R.  O.  1876.] 

Employment  of  Minors — Liquors  to  Intoxicated  Persons 
Forbidden.]  § 16.  No  keeper  of  a dramshop  licensed  under  the 
provision  hereof  to  sell  intoxicating,  malt,  vinous,  mixed  or  fermented 
liquors,  shall  employ  any  minor  as  a servant  or  clerk  in  his  business, 
nor  shall  sell,  give  or  deliver  any  intoxicating,  malt,  vinous,  mixed  or 
fermented  liquors  to  any  minor  or  intoxicated  person,  nor  shall  har- 
bor, or  entice,  or  suffer  any  intoxicated  person  or  minor  to 
remain  or  loiter  in  or  about  his  place  of  business,  under  a penalty  of 
not  less  than  ten  dollars,  nor  more  than  one  hundred  dollars  for  each 
offense.  [R.  O.  1876.] 

Minors  Forbidden  in  Saloons,  etc.]  § 16a.  Any  minor 
who  shall  loiter,  or  idle  in  any  saloon,  or  place  where  intoxicating 
liquors  are  sold,  or  shall  play  at  any  game,  or  drink  any  intoxi- 
cating liquor  therein,  shall  for  either  offense  be  fined  not  less  than 


60 


ORDINANCES  OF  THE  CI  TY  OF  DANVILLE. 


three  dollars,  nor  more  than  twenty-five  dollars. 

Selling  to  Habitual  Drunkards  Forbidden.]  § 17.  No 
keeper  of  a dramshop  licensed  under  the  provision  hereof,  nor  any 
other  person,  shall  sell,  give  or  deliver  any  intoxicating,  malt,  vinous, 
mixed  o?  fermented  liquors  to  any  habitual  drunkard,  or  to  any  habit- 
ually intoxicated  person,  after  having  been  notified  by  the  parents  or 
other  relative  of  such  person  that  he  is  an  habitual  drunkard  or  habit- 
ually intoxicated  person,  and  requesting  such  retailer  or  other  person 
not  to  sell,  give  or  deliver  him  any  such  liquors,  under  a penalty  of 
not  less  than  twenty  dollars,  nor  more  than  one  hundred  dollars  for 
each  offense.  [R.  O.  1876.] 

License  Not  Transferable.]  § 18.  No  license  granted 
under  the  charter  or  any  ordinance  of  the  city  for  the  sale  of  intox- 
icating, malt,  vinous,  mixed  or  fermented  liquors  shall  be  assignable 
or  transferable,  nor  shall  any  person  be  authorized  to  do  business  or 
to  act  under  such  license  but  the  person  to  whom  it  is  granted,  or  at 
any  other  place  than  the  place  specified  therein,  without  the  consent 
of  the  mayor  or  mayor  p?'o  tem.,  with  the  approval  of  the  city  council, 
to  be  certified  on  such  license  under  his  hand  and  the  seal  of  the  city, 
and  countersigned  by  the  city  clerk  ; nor  shall  any  such  license  auth- 
orize any  such  person  to  act  under  it  at  more  than  one  place  at  the 
same  time,  nor  at  any  other  time  than  therein  specified.  Whoever 
shall  violate  the  provision  of  this  section  shall  be  deemed  as 
acting  without  a license  and  be  subject  to  the  same  penalty  as  is  pre- 
scribed for  acting  without  a license.  [R.  O.  1876.] 

License  and  Ordinance  to  be  Posted.]  § 19.  Every 
keeper  of  a dramshop  licensed  under  the  provision  of  the  second  and 
third  sections  hereof  shall  keep  his  license  posted  up  in  some  conspic- 
uous place  in  his  place  of  business. 

Permits  to  Druggists.]  § 20.  The  city  council  of  the  city 
of  Danville  may  grant  permits  to  all  druggists  who  may  apply  therefor 
to  them  in  writing,  to  retail  liquors  in  any  quantity  less  than  one 
gallon  for  medicinal,  mechanical,  sacramental  and  chemical  purposes 
only,  which  permit  shall  extend  to  the  end  of  the  then  municipal 
year.  [R.  O.  1876.] 

Application  for  Permits.]  § 21.  Any  druggist  desiring  a 
permit  under  the  ordinance  of  said  city  to  retail  liquors  in  less  quan- 
tities than  one  gallon  for  medicinal,  mechanical,  sacramental  and 
chemical  purposes,  shall  make  a written  application  therefor  to  the 
city  council,  stating  place  where  his  business  is  to  be  carried  on. 
[R.  O.  1876.] 

Register  of  Sales  by  Druggists.]  § 22.  All  druggists  who 
may  be  permitted  as  herein  provided  to  retail  in  less  quantities  than 
one  gallon,  liquors  for  medicinal,  mechanical,  sacramental  and  chem- 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


61 


ical  purposes  only,  shall,  before  selling  or  otherwise  disposing  of  any 
such  liquors  as  aforesaid,  use  due  diligence  and  all  reasonable  means 
to  ascertain  that  the  same  is  intended  bona  fide  for  such  purposes, 
and  shall  and  are  required  to  keep  a register  of  all  such  sales  in  a 
book  provided  by  them  for  that  purpose,  in  which  they  shall  enter 
the  name  of  the  person  obtaining  the  same,  the  name  of  the  liquor 
sold,  the  amount  sold,  and  the  purpose  for  which  said  liquor  was 
intended,  which  said  register  shall  at  all  times  be  kept  in  public  view 
and  open  to  public  inspection.  Any  violation  hereof  shall  subject 
the  offender  to  a fine  of  not  less  than  twenty  dollars,  and  not  exceed- 
ing one  hundred  dollars  for  each  offense.  But  this  shall  not  be 
deemed  to  extend  to  prescriptions  of  practicing  physicians.  [R.  O. 
1876.] 

False  Representations  to  Obtain  Liquor.]  § 23.  Any 
person  who  shall  knowingly,  by  false  statements  or  misrepresentations 
that  the  same  is  for  purposes  purely  medicinal,  mechanical,  sacramen- 
tal or  chemical,  obtain  or  cause  to  be  sold  or  delivered  to  him  or  to 
any  other  person  whatever  any  such  liquors  in  a quantity  less  than 
one  gallon,  shall,  on  conviction  thereof,  be  fined  in  a sum  not  less 
than  twenty  dollars,  and  not  exceeding  one  hundred  dollars  for  each 
offense.  [R.  O.  1876.] 

Mayor  to  Report  Applications  for  Permits  to  Mayor.] 
§ 24.  When  application  is  made  for  a permit  as, aforesaid,  it  shall  be 
the  duty  of  the  mayor  to  receive  and  present  the  same  at  the  next 
meeting  of  the  city  council,  and  if  the  application  be  granted,  to 
endorse  the  grant  thereon,  and  upon  the  filing  of  the  application 
endorsed  as  aforesaid  with  the  city  clerk,  a permit  shall  be  given  to 
retail  such  liquors  in  less  quantities  than  one  gallon  for  medicinal, 
mechanical,  sacramental  and  chemical  purposes  only.  The  permit 
shall  be  signed  by  the  mayor  and  bear  the  corporate  seal  of  the  city  of 
Danville,  and  be  countersigned  by  the  clerk.  [R.  O.  1876.] 

Druggists  to  Give  Bond.]  § 25.  All  druggists  obtaining 
permits  under  this  ordinance,  shall  also  give  a bond  in  the  penal  sum 
of  three  thousand  dollars,  payable  to  the  People  of  the  State  of  Illinois,, 
with  at  least  two  good  and  sufficient  sureties,  to  be  conditioned  as 
required  by  section  3 of  this  chapter. 

Shifts  or  Devices  Forbidden.]  § 26.  The  giving  away  of 
intoxicating,  malt,  vinous,  mixed  or  fermented  liquors,  or  other  device 
or  shift  to  evade  the  provisions  or  requirements  hereof,  are  hereby 
declared  to  be  within  the  meaning  and  intent,  and  shall  be  deemed 
violations  hereof.  [R.  O.  1876.] 


62 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


CHAPTER  XVII. 

MISDEMEANORS. 


Section. 

1.  Unlawful  assemblies. 

2.  Assaults,  fighting,  affrays. 

3.  Disorderly  conduct. 

4.  Permitting  unlawful  assemblies. 

5.  Disturbing  peace  of  city  or  family. 

6 • Disturbing  congregations. 

7.  False  alarms  of  fire,  cry  for  assistance. 

8.  Drunkenness. 

9.  Indecent  exposure. 

10.  Obscene  books,  pictures,  etc. 

11.  Having  obscene  books,  etc.,  in  pos- 

session. 

12.  Obscene  writing  or  figure. 

13.  Indecent  exhibition  of  animals. 

14.  Gambling. 

14a.  Inmates  of  gambling  houses. 

15.  Gaming  house. 

16.  Leasing  premises  for  gaming. 

17.  Duty  of  police  force. 

18.  Police  to  destroy  gaming  imple- 

ments. 

19.  Lotteries  prohibited. 

20.  Houses  of  ill-fame. 

21.  Inmates  of  houses  of  ill-fame. 

22.  Concealed  weapons. 

23.  Disorderly  house. 

24.  Disturbing  funeral. 

25.  Places  of  amusement  on  Sunday. 

26.  Amusements  on  Sunday. 

27.  Places  of  business  open  on  Sunday. 

28.  Cruelty  to  animals. 

29.  Fast  driving — drunken  drivers,  etc, 

30.  Leaving  animals  unfastened. 

31.  Scaring  horses,  etc. 

32.  Vehicles  to  pass  to  the  right. 

33.  Weighing  gun  powder — kerosene. 

34.  Sale  of  poison. 

35.  Burglar  tools. 

36.  Orange  peel,  bannanas,  etc. 


Section. 

37.  Firing  cannon,  guns,  etc. 

38.  Boys  making  disturbances,  etc. 

39.  Dangerous  sports,  kite  flying,  etc. 

40.  Throwing  stones — slings,  etc. 

41.  Climbing  on  bridges,  fences,  trees, 

etc. 

42.  Injury  to  pavements,  etc. 

43.  Injury  to  bridges,  buildings,  mali- 

cious mischief,  etc. 

44.  Injury  to  street  lamps,  telegraph  or 

telephone  poles. 

45.  Lighting  or  extinguishment  of  street 

lamps. 

46.  Climbing  on  lamp  posts — hitching 

thereto. 

47.  Hitching  horses  to  trees,  fences,  etc. 

48.  Trespassing,  carrying  away  fruit,  etc. 

49.  Trespassing  upon  private  premises. 

50.  Posting  bills,  etc. 

51.  Injuring  gas  boxes  or  water  pipes. 

52.  Ball  playing  upon  streets. 

53.  Signs  indicating  sale  of  liqours. 

54.  Drinking  in  public. 

55.  Vehicles  standing  on  streets. 

56.  Meddling  with  fire  hydrants. 

57.  Vagrants. 

58.  Fast  driving  over  bridges. 

59.  Idling  about  depots. 

60.  Minors  to  keep  off  cars. 

61.  Throwing  stones  at  street  cars. 

62.  Minors  climbing  on  street  cars. 

63.  Entering  street  cars — refusing  fare, 

etc. 

64.  Disorderly  conduct  on  street  cars. 

65.  Obstructions  to  operation  of  street 

cars. 

66.  Bill  boards,  etc. — when  a nuisance. 

67.  Attempt  to  commit  offense. 

68.  Accessories. 


Unlawful  Assembly.]  § 1.  Any  two  or  more  persons  who 
shall  assemble  for  the  purpose  of  disturbing  the  peace,  or  of  commit- 
ting any  unlawful  act,  and  who  shall  not  disperse  when  commanded  or 
requested  by  any  peace  officer,  shall  each  and  severally  be  subject  to  a 
penalty  of  not  less  than  three  dollars,  and  not  exceeding  one  hundred 
dollars.  [R.  O.  1876.] 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


63 


Assaults — Fighting — Affrays.]  § 2.  Whoever  shall  as- 
sault, strike  or  fight  another,  or  attempt  or  offer  to  do  so,  or  shall 
threaten  or  traduce  another ; or  shall  challenge  another  to  fight,  or 
shall  agree  to  fight  another ; or  shall  by  agreement  actually  fight 
another,  or  shall  be  guilty  of  an  affray,  within  the  limits  of  said  city, 
shall  be  fined  not  less  than  three  dollars,  nor  more  than  two  hundred 
dollars. 

Disorderly  Conduct.]  § 3.  Whoever  shall  disturb  the  peace, 
or  shall  be  guilty  of  any  violent,  tumultuous,  offensive  or  disorderly 
conduct,  or  shall  use  obscene,  offensive,  profane,  or  unseemly  lan- 
guage to  the  annoyance,  disturbance  or  vexation  of  another,  or  shall 
be  guilty  of  any  conduct  calculated  to  provoke  a breach  of  the  peace, 
shall  be  fined  not  less  than  three  dollars,  nor  more  than  one  hundred 
dollars. 

Permitting  Unlawful  Assemblage.]  § 4.  Whoever  shall 
knowingly  suffer  or  permit  any  assemblage  for  the  purpose  of  disturb- 
ing the  peace,  or  of  committing  any  unlawful  act,  or  shall  permit  any 
breach  of  the  peace,  or  any  riotous,  tumultuous,  offensive  or  disorderly 
conduct,  or  any  loud  or  unusual  noise  or  disturbance,  or  obscene,  offen- 
sive, profane  or  unseemly  language  to  the  annoyance,  disturbance  or  vex- 
ation of  others,  in  or  upon  any  premises  owned  or  occupied  by  him, 
under  his*  control,  shall  be  subject  to  a penalty  of  not  less  than  three 
dollars,  and  not  exceeding  one  hundred  dollars.  [R.  O.  1876.] 

Disturbing  Peace  of  City  or  Family.]  § 5.  Whoever 
shall  disturb  the  peace  and  quiet  of  the  city,  or  any  neighborhood, 
family  or  person,  by  loud  and  unusual  noise,  shouting,  blowing  horns, 
yelling,  singing,  whistling,  or  by  tumultuous  and  offensive  carriage, 
or  other  boisterous  and  unseemly  conduct,  shall  be  fined  not  less  than 
three  dollars,  nor  more  than  one  hundred  dollars. 

Disturbing  Congregations.]  § 6.  Whoever  shall  disturb 
any  congregation  or  assembly  met  for  religious  worship,  or  for  any 
other  lawful  purpose,  shall  be  fined  not  less  than  five  dollars,  nor  more 
than  one  hundred  dollars. 

False  Alarm  of  Fire— Cry  for  Assistance.]  § 7.  Who- 
ever shall  knowingly  make  or  give  a false  alarm  of  fire,  or  any  false 
cry  for  assistance,  shall  be  fined  not  less  than  three  dollars,  nor  more 
than  one  hundred  dollars. 

Drunkenness.]  § 8.  Whoever  shall  be  drunk,  or  shall  be  in 
a state  of  intoxication,  in  any  public  place ; or  in  any  private  house 
or  place  to  the  annoyance  of  any  person,  shall  be  fined  not  less  than 
two  dollars,  nor  more  than  fifty  dollars. 

Indecent  Exposure.]  § 9.  Whoever  shall  purposely  or  pub- 
licly make  any  indecent  exposure  of  his  or  her  person,  or  shall  appear 
in  a dress  not  belonging  to  his  or  her  sex,  or  in  an  indecent  or  lewd 


64 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


dress,  or  in  a state  of  nudity,  or  shall  be  guilty  of  any  other  indecent 
or  lewd  act  or  behavior,  shall  be  subject  to  a penalty  of  not  less  than 
five  dollars,  and  not  exceeding  one  hundred  dollars.  [R.  O.  1876.] 

Sale  of  Obscene  Books,  etc.]  § 10.  Whoever  shall  bring 
within  the  limits  of  said  city  for  the  purpose  of  sale  or  exhibition, 
or  shall  sell  or  offer  to  sell,  or  shall  give  away  or  offer  to 
give  away,  or  shall  in  any  manner  exhibit,  or  shall  make,  draw,  print 
or  publish,  any  obscene,  indecent,  or  scandalous  book,  pamphlet, 
newspaper,  journal,  print,  publication,  paper  or  writing  of  any  kind, 
or  any  obscene,  indecent  or  lewd  picture,  drawing,  engraving,  card, 
photograph,  model,  cast  or  instrument,  or  any  article  of  indecent  or 
immoral  use,  shall,  on  conviction,  be  fined  not  less  than  twenty-five 
dollars,  nor  more  than  two  hundred  dollars  for  each  offense. 

Having  Obscene  Books,  etc.,  in  Possession.]  § ii.  Who- 
soever shall  keep  or  have  in  his  possession,  within  said  city,  any  of 
the  obscene  or  indecent  articles  or  things  mentioned  in  the  last  pre- 
ceding section,  with  or  without  intent  to  sell  or  dispose  of  the  same, 
shall,  on  conviction,  be  fined  not  less  than  five  dollars,  nor  more  than 
fifty  dollars. 

Obscene  Writing  or  Figure.]  § 12.  Whoever  shall  in  any 
place  open  to  public  view,  write,  mark,  draw,  cut  or  make  any  ob- 
scene or  indecent  word,  sentence,  design,  or  figure,  shall  be  fined 
not  less  than  five  dollars,  nor  more  than  one  hundred  dollars. 

[R.  O.  1876.] 

Indecent  Exhibition  of  Animals.]  § 13.  Whoever  shall 
indecently  exhibit  any  stud  horse,,  bull,  jack,  or  other  animal  in  any 
public  place,  or  shall  let  any  such  animal,  except  in  some  inclosed 
place  out  of  public  view,  shall  be  subject  to  a penalty  of  not  less  than 
five  dollars,  and  not  exceeding  one  hundred  dollars.  [R.  O.  1876.] 

Gambling.]  § 14.  Whoever  shall  in  any  manner  gamble,  or  play 
for  money,  or  other  valuable  thing,  or  for  any  check  or  any  thing  rep- 
resenting, or  intended  to  represent  money,  or  other  valuable  thing,  at 
any  game  with  cards,  dice,  checks,  billiards,  or  with  any  other  article, 
instrument  or  thing  whatsoever,  which  may  be  used  for  the  purpose  of 
playing  or  betting  upon,  or  winning  or  losing  money,  or  other  thing 
of  value ; or  whoever  shall  bet  on  any  such  game  when  played  by 
others,  shall,  for  either  offense,  be  fined  not  less  than  ten  dollars,  nor 
more  than  two  hundred  dollars. 

Inmates  of  Gambling  Houses,  etc.]  § 14a.  Whoever  shall 
be  an  inmate  of  any  room,  house,  or  place  where  gaming  of  any  kind 
is  going  on,  or  is  allowed,  or  whoever  shall  frequent  the  same,  or  shall 
be  found  therein,  shall  for  either  offense  be  fined  not  less  than  five 
dollars,  nor  more  than  one  hundred  dollars. 

Gaming  House.]  § 15.  Whoever  shall  keep  or  maintain  any 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


65 


gaming  house,  or  room,  or  any  place  where  gaming  or  betting  of  any 
kind  is  done  or  going  on,  or  whoever  shall  procure  or  permit  any  per- 
sons to  come  together  in  any  house,  room  or  place  occupied  or  owned 
by  him,  or  under  his  control,  for  the  purpose  of  playing  at  any  game 
for  money,  or  other  valuable  thing,  or  anything  representing  or  in- 
tended to  represent  money  or  other  thing  of  value,  or  shall  permit 
such  persons  to  play  at  any  such  game  as  aforesaid,  when  they  have 
come  together,  in  any  such  house,  room  or  place  as  aforesaid,  or  who- 
ever shall  keep  or  permit  to  be  used,  in  any  building,  room,  yard  or 
place,  occupied,  controlled  or  owned  by  him,  or  have  in  his  possess- 
ion, any  keno  or  faro  table,  faro  bank,  roulette,  or  other  gaming 
implement,  instrument,  device,  or  thing,  commonly  used  for  the  pur- 
pose of  gaming,  shall  in  either  case,  be  fined  not  less  than  twenty-five 
dollars,  nor  more  than  two  hundred  dollars, 

Leasing  Premises  for  Gaming.]  § 16.  Whoever  shall 
knowingly  rent  or  lease  to  another,  any  building,  room,  or  premises, 
to  be  used  or  occupied,  in  whole  or  in  part,  as  a gaming  house,  or 
place  for  persons  to  come  together  to  play  for  money  or  other  valua- 
ble thing,  at  any  game,  or  to  bet  upon  any  game  of  chance,  or  shall 
knowingly  permit  the  same  to  be  so  used  or  occupied,  shall  be  fined 
not  less  than  ten  dollars,  nor  more  than  two  hundred  dollars. 

Duty  of  Police  Force — Refusal  of  Admittance  of 
Police — Penalty.]  § 17.  It  shall  be  the  duty  of  all  members  of 
the  police  force  to  report  to  the  mayor  each  house,  room  or  place, 
within  the  city,  wherein  gaming  of  any  kind  is  carried  on,  or  wherein 
any  games,  devices,  tables,  or  other'instruments  or  things  for  the  pur- 
pose of  gaming,  are  or  may  be  set  up  or  maintained  ; and  said  police 
officers  shall  use  and  take  all  lawful  means  to  suppress  and  prevent 
gaming,  or  the  playing  at  the  tables,  games  or  devices  arforesaid,  and 
for  this  purpose,  when  and  as  often  as  any  one  of  them  shall  have  reason- 
able cause  to  suspect  that  any  such  table,  game  or  device  is  set  up, 
kept  or  maintained  as  aforesaid,  or  that  any  gaming  of  any  kind  is 
being  carried  on  or  done  in  any  house,  room,  or  place,  contrary  to 
the  ordinances  of  the  city  he  shall  make  a complaint  thereof  before 
some  police  magistrate  or  justice  of  the  peace,  and  obtain  a warrant 
authorizing  him  to  enter  such  building,  room  or  place ; and  said 
police  officer  shall  thereupon  have  authority  to  demand  entry  therein, 
and  any  person  or  persons  who  shall  refuse  or  neglect  to  open  the  door 
or  entrance  to  such  house,  room,  or  place,  upon  the  application  of  any 
police  officer  having  such  warrant,  shall  forfeit  and  pay  a fine  of  not 
less  than  twenty  dollars  nor  more  than  two  hundred  dollars  for  each 
offense. 

Police  to  Destroy  Gaming  Implements.]  § r8.  It  is 
hereby  made  the  duty  of  every  member  of  the  police  force  to  seize  any 
table,  instrument  or  device  or  thing  used  for  the  purpose  of  gaming  ; 
and  all  such  tables,  instruments,  devices  or  things  shall  be  destroyed  : 


66 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


Any  person  resisting  or  obstructing  any  member  of  the  police  force  in 
the  performance  of  any  act  authorized  by  this  section  shall  be  fined 
not  less  than  twenty-five  dollars,  nor  more  than  fifty  dollars  for  each 
offense. 

Lotteries  Prohibited.]  § 19.  Whoever  shall  maintain,  or 
run,  or  be  in  any  way  connected  with  any  lottery,  or  any  other  enter- 
prise or  business,  by  whatever  name  the  same  may  be  known,  wherein 
any  property  is  sold  or  disposed  of  by  chance,  or  whoever  shall  sell  or 
dispose  of  any  lottery  ticket  or  share,  or  any  chance,  or  any  article  or 
thing  entitling  or  purporting  to  entitle  the  purchaser  thereof  to  any 
chance,  or  whoever  shall  sell  or  dispose  of  any  package  or  article  pur- 
porting to  contain  a prize,  or  where  as  an  inducement  it  is  held  out 
that  such  article  or  package  may  contain  a prize,  or  may  entitle  the 
purchaser  to  some  article  or  thing  of  value  not  directly  contemplated 
and  known  in  the  purchase,  shall  be  fined  not  less  than  ten  dollars 
nor  more  than  two  hundred  dollars  for  each  offense. 

Houses  of  Ill-fame.]  § 20.  Whoever  shall  keep  or  maintain 
any  bawdy-house,  house  of  ill-fame,  or  of  assignation,  or  any  room  or 
place  for  the  practice  of  fornication,  within  said  city  or  within  three 
miles  from  the  outer  boundaries  thereof,  or  shall  knowingly  suffer  or 
permit  any  premises  owned  or  occupied  by  him  or  under  his  control 
within  said  city,  or  within  the  limits  aforesaid,  to  be  used  for  that 
purpose,  shall  be  fined  not  less  than  ten  dollars,  nor  more  than  one 
hundred  dollars. 

Inmates  of  Houses  of  Ill-fame,  etc.]  § 21.  Whoever  shall 
be  an  inmate  of  any  bawdy-house,  house  of  ill- fame,  or  any  room  or 
place  for  the  purpose  of  fornication,  situated  within  said  city,  or  with- 
in three  miles  of  the  outer  boundaries  thereof,  or  shall  in  any  way 
contribute  to  the  support  thereof,  or  be  connected  therewith,  or  who- 
ever shall  be  found  therein,  shall  for  each  offense  be  fined  not  less 
than  five  dollars,  nor  more  than  one  hundred  dollars. 

Concealed  Weapons.]  § 22.  Whoever  shall  carry  concealed 
upon  or  about  his  person  any  pistol,  revolver,  derringer,  bowie-knife, 
dirk,  slung-shot,  metallic  knuckles,  or  a razor,  as  a weapon,  or  any 
other  deadly  weapon  of  like  character,  capable  of  being  concealed 
upon  the  person,  or  whoever  shall  in  a threatening  or  boisterous  man- 
ner, flourish  or  display  the  same,  shall  be  fined  not  less  than  one 
dollar,  nor  more  than  one  hundred  dollars;  and  in  addition  to  the 
said  penalty  shall,  upon  the  order  of  the  magistrate  before  whom  such 
conviction  is  had,  forfeits  the  weapon  so  carried  to  the  city. 

Disorderly  House.]  § 23.  Whoever  shall  keep  a common, 
ill-governed  and  disorderly  house,  to  the  encouragement  of  idleness, 
gaming,  drinking,  fornication,  or  other  misbehavior,  shall  be  fined 
not  exceeding  two  hundred  dollars.  [Rev.  Stat.  1881,  p.  376,  § 57. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


67 


Disturbing  Funeral.]  § 24.  Whoever  shall  wilfully  inter- 
rupt or  disturb  any  funeral  assembly  or  funeral  procession,  shall  be 
fined  not  less  than  three  dollars,  nor  more  than  two  hundred  dollars. 

Places  of  Amusement  Open  on  Sunday.]  § 25.  Whoever 
shall,  on  Sunday,  keep  open  any  billiard  room,  ball  or  pin  alley, 
house,  beer  garden  ground  or  other  place  of  amusement,  or  shall  suffer 
or  permit  persons  to  assemble  therein  for  the  purpose  of  amusement  or 
play,  shall  be  subject  to  a penalty  of  not  less  than  five  dollars,  and 
not  exceeding  one  hundred  dollars.  [R.  O.  1876.] 

Amusements  on  Sunday.]  § 26.  Whoever  shall  on  Sunday, 
play  ball,  or  disturb  the  peace  or  good  order  of  society  by  any  play 
or  amusement,  shall  be  subject  to  a penalty  of  not  less  than  five  dollars 
and  not  exceeding  one  hundred  dollars. 

Place  of  Business  Open  on  Sunday.]  § 27.  Whoever  shall 
on  Sunday  (except  in  cases  of  necessity  or  for  charitable  purposes,  or 
where  the  party  shall  conscientiously  and  on  religious  principle 
observe  some  other  day  of  the  week  as  the  Sabbath,)  keep  open  his 
place  of  business,  or  pursue  his  daily  business  or  avocation,  or  shall 
require  or  permit  any  hand,  servant,  or  employee  to  labor  or  work  at 
such  business  or  avocation,  shall  be  fined  not  less  than  five  dollars, 
and  not  exceeding  one  hundred  dollars.  Provided , this  section  shall 
not  apply  to  hotels,  barber  shops,  bath  houses,  livery  stables,  or  the 
operation  of  street  or  other  railways. 

Cruelty  to  Animals.]  § 28.  Whoever  shall  in  any  manner 
or  by  any  means  be  guilty  of  cruelty  to  any  dumb  animal,  or  shall  be 
guilty  of  turning  out  and  abandoning  any  old,  decrepit,  or  worthless 
animal  upon  the  public  streets  or  commons,  shall  be  fined  not  less 
than  five  dollars,  nor  more  than  one  hundred  dollars. 

Fast  Driving — Druken  Drivers.]  § 29.  Whoever  shall 
run,  race,  or  immoderately  ride  or  drive  any  horse,  mule,  or  other 
animal,  or  any  team  in  any  street  or  alley  of  said  city,  or  whoever 
shall  ride  or  drive  the  same,  when  intoxicated,  or  whoever  shall 
wilfully  or  heedlessly  drive  any  such  animal,  so  that  such  animal  or 
any  vehicle  attached  thereto  shall  come  into  collision  with  any  other 
animal  or  vehicle,  or  shall  strike  any  person,  shall  be  fined  not  less 
than  three  dollars,  nor  more  than  one  hundred  dollars. 

Leaving  Animals  Unf'astened.]  § 30.  Whoever  shall 
leave  any  horse,  mule  or  other  animal,  attached  to  any  vehicle  or 
conveyance,  in  any  uninclosed  place  without  being  securely  fastened 
or  guarded,  so  as  to  prevent  its  running  away,  shall  be  fined  not  less 
than  three  dollars,  nor  more  than  one  hundred  dollars. 

Scaring  Horses.]  § 31.  Whoever  shall  by  riding  any  bicycl  1 
in  the  streets  or  on  the  sidewalks  of  said  city,  or  shall  by  any  other  means 


68 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


wilfully  or  negligently  frighten  any  horse,  mule,  or  other  animal, 
being  at  the  time  ridden  by  any  person  or  attached  to  any  vehicle, 
shall  be  fined  not  less  than  three  dollars,  nor  more  than  fifty  dollars. 

Vehicles  to  Pass  to  the  Right.]  § 32.  Any  person  driving 
any  vehicle  upon  any  street,  bridge,  or  thoroughfare  of  said  city  shall, 
upon  meeting  any  other  vehicle,  turn  off  and  drive  to  the  right,  so  as 
to  pass  the  same  without  injury.  Any  person  who  shall  injure  the 
person  or  property  of  another,  by  violating  this  section,  shall  be  fined 
not  less  than  three  dollars,  nor  more  than  fifty  dollars. 

Weighing  of  Gunpowder — Kerosene.]  § 33.  Whoever 

shall  by  gas-light,  lamp-light,  or  any  artificial  light,  weigh  any  gun- 
powder, or  gun-cotton,  or  draw  any  kerosene  oil  or  burning  fluid  from 
any  cask  or  barrel,  shall  be  fined  not  less  than  one  dollar  nor  more 
than  fifty  dollars. 

Poison — Sale:  of.]  § 34.  Whoever  shall  keep,  sell  or  deliver 
any  poison  usually  known  or  used  as  deadly  poison,  without  legibly 
marking  the  name  thereof  or  the  word  (ri  poison  ” upon  the  vial, 
wrapper  or  other  inclosure  containing  the  same ; or  whoever  shall  sell 
or  deliver  any  arsenic,  strychnine,  prussic  acid  or  other  poison  usually 
known  or  used  as  a deadly  poison,  to  any  person  known  to  him,  with- 
out registering  the  name  of  such  person,  and  the  kind  and  quality  of 
the  poison  sold  or  delivered,  and  the  purpose  for  which  the  same  was 
obtained ; or  whoever  shall  sell  or  deliver  any  such  poison  to  any  per- 
son to  him  unknown,  shall  be  subject  to  a penalty  of  not  less  than  five 
dollars,  and  not  exceeding  one  hundred  dollars  in  each  case.  But 
the  sale  or  delivery  of  any  such  poison  as  a medicine  upon  the  pre- 
scription of  a practicing  physician,  shall  not  be  deemed  a violation  of 
this  section. 

Burglar  Tools.]  § 35.  Whoever  shall  have  in  his  possession 
any  nippers  of  the  description  known  as  burglar’s  nippers  or  any  pick 
lock,  skeleton  key,  key  to  be  used  with  a bit  or  bits,  jimmey,  or  other 
burglar’s  tool  or  instrument  of  whatever  kind  or  description,  unless  it 
be  shown  that  such  possession  is  innocent  or  for  a lawful  purpose, 
shall  be  fined  not  less  than  twenty-five  dollars,  nor  more  than  two 
hundred  dollars. 

Orange  Peel,  Bannana,  etc.]  § 36.  Whoever  shall  throw, 
cast,  lay  or  place  on  any  sidewalk  in  said  city,  the  rind  or  peel  of  any 
orange,  bannana,  apple  or  other  fruit,  shall  be  fined  not  less  than  one 
dollar,  nor  more  than  ten  dollars. 

Firing  Cannon,  Guns,  Fire  Crackers,  etc.]  § 37.  Who- 
ever shall  fire  or  discharge  any  cannon,  gun,  pistol,  revolver,  or  any 
firearm  of  any  description,  or  shall  fire,  explode  or  set  off  any  squib, 
fire  cracker,  torpedo,  or  other  thing  containing  powder,  or  other  explo- 
sive material,  without  permission  from  the  mayor,  so  to  do,  shall  be 
fined  not  less  than  one  dollar,  nor  more  than  twenty  dollars.  Such 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


69 


permission,  when  given,  shall  definitely  limit  the  time  of  such  firing, 
and  may  at  any  time  be  revoked. 

Bovs  Making  Disturbance,  etc.]  § 38.  Any  two  or  more 
boys  who  may  be  assembled  together  and  disturbing  any  lawful  assem- 
bly of  persons,  or  making  any  unusual  noise  or  disturbance,  to  the 
disquiet  or  annoyance  of  the  neighborhood  ; or  who  may  be  found 
loitering  or  strolling  about,  in  the  night  time,  and  who  shall  not  dis- 
perse and  go  to  their  several  homes  when  required  by  the  mayor  or 
any  police  officer,  shall  each,  severally,  be  subject  to  a penalty  not 
exceeding  five  dollars  in  each  case.  [R.  O.  1876.] 

Dangerous  Sports,  Kite  Flying,  etc.]  § 39.  No  boy  or 
other  person  shall,  in  the  inhabited  part  of  the  city,  use  or  drive. any 
hoop,  or  play  with  any  ball,  or  use  any  bow  and  arrow,  or  raise  and 
fly  any  kite  or  smoke  or  fire  balloon,  or  fire,  explode  or  set  off  any  fire 
arms,  fire  balls,  fire  crackers,  torpedoes,  rockets,  or  other  fire  works, 
or  shall  otherwise  pursue  any  amusement  or  exercise  calculated  to 
impede  travel  or  frighten  animals,  or  injure  or  annoy  persons  passing 
along  the  streets  or  sidewalks,  under  a penalty  not  exceeding  five 
dollars  in  each  case.  [R.  O.  1876.] 

Throwing  Stones, — Slings,  etc. — Duty  of  Officers.]  § 40. 
Any  boy,  or  other  person,  who  shall  cast  or  throw  any  stone,  brick, 
club,  snow  ball,  or  other  missile  at  any  person,  or  from  or  into  any 
public  place,  or  at,  against,  into  or  upon  any  tree,  building,  premises, 
or  other  property,  or  shall  use,  play  with  or  have  in  his  possession  a 
sling  of  any  character,  or  any  other  instrument  or  device  whatsoever, 
for  the  casting  or  throwing  of  stone,  bullet,  or  other  thing,  shall  be 
fined  not  exceeding  twenty  dollars.  And  it  is  hereby  made  the  duty 
of  any  police  officer  of  this  city,  to  take  possession  of,  and  destroy 
any  such  sling,  instrument  or  device  found  in  the  possession  of  any 
such  boy  or  person  as  aforesaid. 

Climbing  on  Bridges,  Fences,  Trees,  etc.]  § 41.  Any 
boy,  or  other  person  who  shall  walk  upon  the  top  of  any  bridge  or 
the  railing  thereof,  or  on  the  top  or  capping  of  any  fence  or  railing, 
or  shall  climb  upon  the  same,  or  into  any  shade,  fruit,  or  ornamental 
tree,  upon  any  sidewalk  or  in  any  lot  or  premises,  without  the  consent 
of  the  owner  thereof,  or  shall  meddle  with  any  public  well,  cistern,  or 
pump,  shall  in  either  case,  be  subject  to  a penalty  of  not  exceeding 
ten  dollars. 

Injury  to  Pavement,  etc.,  Obstructing  Public  Improve- 
ment.] § 42.  Whoever  shall  tear  up  or  injure  any  pavement,  side- 
walk, cross  walk,  drain  or  sewer,  or  shall  hinder  or  obstruct  the  mak- 
ing or  repairing  of  the  same,  or  of  any  other  public  work  or  improve- 
ment being  done  under  city  authority,  shall  be  fined  not  less  than  ten 
dollars,  nor  more  than  one  hundred  dollars  for  each  offense. 


70 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


Injury  to  Bridges,  Buildings,  etc. — Malicious  Mischief.] 

§ 43.  Whoever  shall  wilfully,  maliciously,  or  negligently  destroy, 
injure,  mark,  cut,  or  write  upon  or  otherwise  deface  or  injure,  any 
bridge  or  its  appurtenances,  or  any  public  or  private  building,  fence, 
railing,  or  any  public  property  of  the  state,  county  or  city,  or  any 
private  property,  or  be  guilty  of  any  kind  of  malicious  mischief, 
shall  be  fined  not  less  than  five  dollars,  nor  more  than  one  hun- 
dred dollars. 

Injury  to  Street  Lamps,  Telegraph  and  Telephone 
Posts,  etc.]  § 44.  Whoever  shall  willfully,  maliciously  or  negli- 
gently break,  deface,  destroy,  or  in  any  manner  injure  any  street  lamp 
or  lamp  post,  telephone  or  telegraph  post,  telephone  or  telegraph 
wires,  shall  be  subject  to  a penalty  of  not  less  than  five  dollars,  and 
not  exceeding  one  hundred  dollars. 

Lighting  or  Extinguishing  Street  Lamps.]  § 45.  Who- 
ever shall  without  due  authority,  light  or  extinguish  any  street  lamp, 
shall  be  subject  to  a penalty  of  not  less  than  five  dollars,  and  not 
exceeding  one  hundred  dollars.  [R.  O.  1876.] 

Climbing  upon  Lamp  Posts — Hitching  Thereto,  etc.] 
§ 46.  Whoever  shall  climb  upon  any  street  lamp  post,  or  fasten  any 
horse  or  other  animal  thereto,  or  shall  hang  or  place  any  goods,  boxes, 
wood  or  other  substance  upon  or  against  the  same,  shall  be  subject  to 
a penalty  of  not  less  than  three  dollars,  and  not  exceeding  one  hundred 
dollars.  [R.  O.  1876.] 

Hitching  Horses  to  Trees,  Fences,  etc.]  § 47.  Whoever 
shall  hitch  or  fasten  any  horse,  or  other  animal  to  any  ornamental  or 
shade  tree,  or  to  any  fence  or  railing,  or  to  any  building  or  structure 
upon  any  street,  alley,  or  sidewalk,  shall  be  fined  not  less  than  three 
dollars,  nor  more  than  fifty  dollars. 

Tresspassing  and  Carrying  away  Fruit,  etc.]  § 48. 
Whoever  shall  trespass  upon  any  private  premises,  or  public  grounds, 
and  injure,  destroy  or  carry  away  any  flower,  fruit,  vegetable,  plant, 
shrub,  tree,  or  other  thing,  which  may  be  there  for  ornament  or  oth- 
erwise, shall  be  subject  to  a penalty  of  not  less  than  three  dollars,  and 
not  exceeding  one  hundred  dollars. 

Trespass  upon  Private  Premises.]  § 49.  Whoever  shall 
be  found  trespassing  upon  the  premises  of  another  within  said  city, 
shall  be  fined  not  exceeding  fifty  dollars. 

Posting  Bills,  etc.]  § 50.  Whoever  shall,  without  the  con- 
sent of  the  owner  or  occupant  of  the  premises,  post  or  place  any 
handbill,  show  bill,  placard  or  notice,  or  paint  any  sign  or  advertise- 
ment, upon  any  tree,  fence,  wall,  barn,  out-house,  or  building  of  any 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


71 


kind,  shall  be  fined  not  less  than  three  dollars,  nor  more  than  one 
hundred  dollars. 

Injuring  Gas  service  Boxes  or  Water  Pipes.]  § 51. 
Whoever  shall  willfully  remove,  injure,  destroy  or  carry  away  any  cap 
or  lid,  placed  upon  service  boxes  of  the  gas  light  company,  or  service 
pipes  of  water  works  company,  upon  the  sidewalks  of  the  city,  shall 
be  subject  to  a penalty  of  not  less  than  ten  dollars,  and  not  exceeding 
one  hundred  dollars. 

Ball  Playing  upon  Streets,  etc.]  § 52.  Whoever  shall 
play  at  ball,  cricket  or  any  other  game  wherein  a ball  is  used,  upon 
any  street,  alley,  or  upon  any  public  ground  or  place,  or  upon  any 
private  premises  without  the  consent  of  the  owner,  or  occupant 
thereof,  shall  be  fined  in  any  sum  not  exceeding  ten  dollars. 

Signs  Indicating  Sale  of  Liquors,  Prohibited  when.] 
§53.  No  person  or  persons  within  the  limits  of  said  city,  not  having 
a legal  license  to  retail  intoxicating  liquors,  shall  exhibit  or  permit 
any  sign,  letters  or  carricature  on  the  outside  of  his  building  or  place, 
nor  shall  keep  or  permit  to  be  kept  any  bar  with  bottles,  barrels,  kegs 
or  other  vessels  whatever  whether  containing  such  liquors  or  not  within 
his  building  or  place,  occupied  by  him  or  her,  indicating  or  which  shall 
be  intended  to  indicate,  that  any  vinous,  spirituous,  mixed,  malt  or 
other  intoxicating  liquors  whatever,  are  kept  and  sold  at  such  places 
in  less  quantity  than  one  gallon,  under  a penalty  of  not  less  than  three 
dollars,  and  not  exceeding  one  hundred  dollars  for  each  day  the  same 
shall  remain  in  such  place.  [R.  O.  1876.] 

Drinking  a Public  Nuisance.]  § 54.  If  two  or  more  per- 
sons shall  assemble  together,  or  who,  being  together,  shall  in  any 
public  place  or  in  any  place  open  to  public  view  within  the  corporate 
limits  of  the  city  of  Danville,  drink  any  vinous,  spirituous,  fermented, 
mixed,  malt  or  other  intoxicating  liquors  of  any  kind  whatsoever, 
they  shall  be  deemed  guilty  of  creating  a nuisance,  and  shall  each  be 
subject  to  a penalty  of  not  less  than  five,  and  not  exceeding  one 
hundred  dollars  for  each  offense.  [R.  O.  1876.] 

Vehicles  Standing  on  Streets.]  § 55.  Whoever  shall  leave 
any  sled,  wagon,  cart,  dray,  buggy  or  other  vehicle,  standing  in  or 
upon  any  street  or  alley  of  said  city,  when  the  same  is  not  in  use,  shall 
for  each  offense  be  fined  not  exceeding  ten  dollars. 

Meddling  with  Fire  Hydrant.]  § 56.  Whoever  shall, 
unless  authorized  by  the  water  works  company,  the  chief  of  fire  depart- 
ment, or  the  mayor  of  the  city,  take  water  from  any  public  fire  plug 
or  hydrant,  or  shall  remove  the  cover  from  the  same,  or  place  any 
earth  or  other  material  in  any  such  fire  plug,  or  hydrant,  or  in  the  box 
or  appendage  thereto,  or  shall  in  any  other  manner  interfere  with,  or 
injure  the  same,  shall  be  fined  not  less  than  three  dollars  nor  niore 


72 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


than  one  hundred  dollars.  This  section  not  to  apply  to  the  legitimate 
use  of  such  fire  plugs  or  hydrants  by  any  fire  company  of  said  city. 

Vagrants.]  § 57.  Any  person  able  to  work  and  support  him- 
self by  some  honest  and  respectable  calling,  not  having  visible  means 
of  support,  who  shall  live  idly  without  lawful  employment,  or  shall 
loiter  or  stroll  about  begging,  or  shall  stroll,  loiter  about  the  streets  or 
railroad  depots,  or  railroad  grounds,  or  sleep  in  railroad  cars,  or  be 
found  therein,  or  frequent  gaming  houses,  disorderly  or  bawdy  houses, 
groceries,  tippling  houses,  or  other  places  where  intoxicating  liquors 
are  sold,  or  shall  otherwise  lead  an  idle  or  profligate  course  of  life;  or 
any  person  who  shall  keep  any  gaming  house,  or  keep  or  exhibit  any 
gaming  implements  for  the  purpose  of  gaming  therewith,  or  shall 
pursue  gaming,  or  who  shall  keep,  mantain  or  be  an  inmate  of  any 
house  of  prostitution,  or  who  shall  have  in  his  possession  any  imple- 
ment used  for  counterfeiting,  or  for  the  commission  of  burglary,  or 
for  picking  locks  or  pockets,  or  any  implement  or  device  used  by 
cheats  and  swindlers,  without  being  able  to  give  a good  account  of 
his  possession  of  the  same,  or  who  shall  trespass  upon  private  property 
or  who  shall  sleep  in  sheds,  stables,  out -houses,  or  in  the  open  air, 
without  being  able  to  give  a good  account  of  himself  or  herself,  shall 
be  deemed  a vagrant,  and  shall  be  subject  to  a penalty  of  not  less  than 
ten  dollars,  and  not  exceeding  one  hundred  dollars. 

Fast  Driving  Over  Bridges.]  § 58.]  Whoever  shall  ride  or 
drive  faster  than  a walk  over  any  bridge  in  the  said  city  shall,  for  each 
offense,  be  fined  in  a sum  not  less  than  one  dollar,  and  not  exceeding 
ten  dollars. 

Idling  about  Depots,  Interfering  with  Property,  etc.] 
§ 59.  Any  person  who  shall  idle,  loaf  or  loiter  in  or  around  the 
depot  of  any  railway,  or  upon  the  platforms  or  grounds  adjoining 
thereto  and  used  in  connection  therewith;  or  shall  in  any  manner 
impede,  obstruct  or  disturb  any  officer  or  employee  of  such  railway 
while  engaged  in  performing  his  lawful  bnsiness  connected  therewith  ; 
or  shall  in  any  manner  molest,  disturb,  meddle  with,  or  take  or  carry 
away  any  property  of  such  company,  or  any  property  in  course  of 
transportation  thereon,  without  permission  from  the  proper  agents  or 
servants  of  the  company  operating  said  railway  ; or  shall  in  any  man- 
ner interfere  with  or  disturb  any  passenger  or  traveler  in  or  about  such 
depot,  platform  or  grounds,  or  other  person  having  lawful  business  to 
transact  there,  shall  in  either  case  be  guilty  of  a misdemeanor,  and  be 
fined  not  less  than  three  dollars,  nor  more  than  one  hundred  dollars. 

Minors  to  Keep  Off  Cars,  etc.]  § 60.  Any  minor,  or 
other  person,  who  shall  climb,  jump,  step,  stand  upon,  cling  to,  or  in 
any  way  attach  himself  to  any  locomotive,  engine  or  car,  either  sta- 
tionary or  in  motion,  upon  any  part  of  the  track  of  any  railroad, 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


73 


unless  in  so  doing,  he  shall  be  acting  in  compliance  with  law,  or  by 
permission,  under  the  lawful  rules  and  regulations  of  the  corporation 
then  owning  or  managing  such  railroad,  shall  be  fined  in  any  sum  not 
exceeding  twenty  dollars.  This  section  to  be  applicable  to  steam 
railways. 

Throwing  Stones,  etc.,  at  Street  Cars.]  § 6 1.  Whoever 
shall  throw  at  or  against  any  street  car,  or  at  or  against  any  animal 
hitched  to  the  same,  or  at  or  against  any  person  riding  or  being  on 
the  same,  any  stone  or  other  missile,  shall  be  fined  not  less  than  three 
dollars,  nor  more  than  one  hundred  dollars  for  each  offense. 

Minors  Climbing  on  Street  Cars,  etc.]  § 62.  Any  minor 
or  other  person  who  shall  climb,  jump,  stand  upon,  cling  to  or  in  any 
way  attach  himself  to  any  street  car,  either  standing  or  moving  upon 
any  part  of  the  track  of  any  street  railway  in  said  city,  unless  in  doing 
so,  he  shall  be  acting  in  compliance  with  law  or  by  permission  under 
the  lawful  rules  and  regulations  of  the  corporation  owning  or  operating 
said  railway,  shall  be  fined  in  any  sum  not  exceeding  twenty  dollars. 

Entering  Street  Cars — Refusing  Fare,  etc.]  § 63. 
Whoever  shall  enter  any  street  car  and  shall  refuse  to  pay  the  lawful 
fare  demanded  of  him  by  the  driver  or  conductor  thereof,  and  shall 
fail  or  refuse  to  leave  said  car  when  requested  so  to  do  by  the  driver 
or  conductor,  shall  be  fined  not  less  than  three,  nor  more  than  one 
hundred  dollars. 

Disorderly  Conduct  on  Street  Cars.]  § 64.  Whoever 
shall  conduct  himself  or  herself  in  a noisy  or  tumultuous  manner  upon 
any  street  car,  or  who  shall  be  guilty  of  any  conduct  upon  any  such 
car  as  shall  be  calculated  to  disturb  or  annoy  any  person  riding  or 
being  upon  the  same,  shall  be  fined  not  less  than  three  nor  more  than 
one  hundred  dollars  for  each  Offense. 

Obstuctions  to  Operation  of  Street  Car.]  § 65.  Who- 
ever shall  place  or  leave  upon  any  track  or  rail  of  any  street  railway 
in  said  city,  any  stone  or  other  obstruction,  or  shall  in  any  manner 
injure  any  such  track  or  rail,  or  shall  unnecessarily  impede  or  obstruct 
the  running  of  any  street  car  on  said  track  or  rail,  or  shall  injure  or 
deface  any  street  car  or  any  portion  thereof,  shall  be  fined  not  less 
than  three  and  not  more  than  one  hundred  dollars  for  each  offense. 
And  a refusal  or  failure  by  any  person  driving  or  riding  upon  or  along 
any  such  track  or  rail  to  leave  the  same  so  as  to  allow  such  street  car 
to  pass,  when  warned  to  do  so  by  the  ringing  of  the  bell  upon  such 
street  car,  shall  be  deemed  an  obstruction  of  such  rail  or  track  within 
the  meaning  of  this  ordinance. 

Bill-boards — when  Nuisance.]  § 66.  Whoever  shall  erect, 
keep  or  maintain  any  bill-board  or  board,  for  advertising  upon  in  any 


74 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


public  ground  or  place,  or  upon  any  private  premises  adjacent  to  any 
sidewalk,  street  or  footway,  the  same  being  so  erected  as  to  occasion 
danger  or  inconvenience  to  the  public,  shall  be  deemed  guilty  of  a 
nuisance  and  be  fined  not  less  than  five  dollars  nor  more  than  twenty 
dollars. 

Attempt  to  Commit  Offense.]  § 67.  Whoever  attempts  to 
commit  any  offense  prohibited  by  ordinance,  and  does  any  act 
towards  it  but  fails,  or  is  intercepted,  or  prevented  in  its  execution, 
where  no  express  provision  is  made  by  ordinance  for  the  punishment 
of  such  attempt,  shall,  on  conviction  of  such  attempt  be  subject  to  the 
same  penalty  as  by  ordinance  prescribed  for  the  actual  commission  of 
the  offense.  [Rev.  Stat.  1881,  p.  409,  § 273.] 

Accessories,  etc.]  § 68.  Whoever  aids,  abets,  assists,  ad- 
vises, or  encourages  the  commission  of  any  act  prohibited  by  ordi- 
nance, or  by  any  indirect  means  procures  any  such  offense  to  be 
committed,  or  whoever  committs  an  offense  through  the  intervention 
of  an  agent,  servant,  employee,  or  person  under  his  control,  shall  be 
deemed  guilty  to  the  same  extent,  and  may  be  proceeded  against  in  the 
same  manner  as  though  such  offense  had  been  committed  by  him  di- 
rectly, and  with  his  own  hand;  and  any  such  agent,  servant  or  other 
person,  doing  any  prohibited  act  for,  and  on  behalf  of  another,  shall 
be  deemed  guilty  of  such  act  equally  with  his  employer  or  principal, 
and  be  subject  to  the  same  penalty,  except  in  such  cases  where  a differ- 
ent or  other  penalty  is  provided  by  ordinance  for  such  agent  or 
employee. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


75 


CHAPTER  XVIII. 

NUISANCE. 


Section. 

Section. 

1. 

Pens  and  stables. 

14. 

Permits  for  slaughter  houses,  etc. 

2. 

Accumulation  of  manure. 

15. 

Time  for  which  permits  shall  issue. 

3* 

Suffering  premises  to  become  foul. 

16. 

Stagnant  water. 

4. 

Foul  liquids,  etc. 

17. 

Dilapidated  buildings. 

* 5- 

Depositing  offensive  matter  in  river, 

18. 

Ordinance  of  abatement. 

etc. 

19. 

Notice  to  owner-building  destroyed, 

6. 

Green  and  salted  hides — a nuisance, 

etc. 

when. 

20. 

Cost  of  abatement — suit  against 

7- 

Dead  animals. 

owner. 

8. 

Removal  of  dead  animals. 

21. 

Penalty  for  not  obeying  notice. 

9- 

Trap  doors,  gratings,  etc. 

22. 

Building  in  danger  falling. 

10. 

Removal  of  offensive  matter. 

23  • 

Duty  of  mayor. 

11. 

Carts  and  vehicles  carrying  offensive 
matter. 

24. 

Dangerous  scaffolds. 

12. 

Slaughter  houses — other  offensive 

25- 

Duty  of  Police. 

establishments. 

26. 

Author  of  nuisance  unknown,  etc. 

13- 

Operating  slaughter  houses,  etc.  in 

offensive  manner. 

Pens  and  Stables.]  § i.  Any  pen,  stable,  lot,  place  or 
premises,  in  which  any  animal  or  poultry  may  be  kept  or  confined, 
and  which  shall  become  nauseous,  foul  or  offensive,  or  from  any  cause 
become  an  annoyance  to  any  neighorhood,  family  or  person,  shall  be 
deemed  a nuisance.  And  the  owner  or  keeper  of  any  such  animals 
or  poultry,  or  the  owner  or  occupant  of  such  premises,  who,  upon 
being  notified  by  any  police  or  other  officer  of  said  city  to  abate, 
remedy  or  remove  such  nuisance,  within  a time  to  be  specified  in  said 
notice,  shall  neglect  ot  refuse  so  to  do,  within  the  time  specified,  shall 
be  fined  not  less  than  three  dollars  nor  more  than  one  hundred 
dollars,  and  he  shall  be  subject  to  a like  penalty  for  each  day  he  shall 
suffer  or  permit  such  nuisance  to  remain  after  the  expiration  of  the 
time  fixed  by  said  notice  for  the  abatement  of  the  same. 

Accumulation  of  Manure — A Nuisance.]  § 2.  Whoever 
shall  suffer  to  accumulate  on  any  premises  owned  or  controlled  by 
him,  any  heap  or  stack  of  manure,  in  such  manner  as  to  emit  noxious, 
disagreeable  or  offensive  smells  to  the  annoyance  of  any  person  or 
family,  or  whoever  shall  place  any  such  manure  upon  any  public 
street,  alley  or  common,  shall  be  deemed  guilty  of  a nuisance.  And 
if  such  person,  upon  being  notified  by  any  police  or  other  officer  of 
said  city  to  abate,  remedy  or  remove  such  nuisance,  within  a time  to 
be  specified  in  such  notice,  shall  neglect  or  refuse  so  to  do,  shall  be 
fined  not  less  than  three  dollars,  nor  more  than  fifty  dollars,  ; and  he 
shall  be  subject  to  a like  penalty  for  each  day  he  shall  suffer  or  permit 
such  nuisance  to  remain  after  the  expiration  of  the  time  fixed  by  the 
said  notice  for  the  abatement  of  the  same. 


76 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


Suffering  Premises  to  Become  Foul.]  § 3.  Whoever 
shall  suffer  or  permit  any  cellar,  vault,  drain,  pool,  privy,  sewer,  yard, 
grounds  or  premises  owned,  occupied  or  controlled  by  him,  to  become 
from  any  cause  nauseous,  foul  or  offensive,  or  injurious  to  public 
health,  or  unpleasant  and  disagreeable  to  adjacent  residents,  or  to  any 
person  passing  along  any  street  or  alley  near  the  same,  shall  be 
deemed  guilty  of  a nuisance.  And  if  such  person,  upon  being 
notified  by  any  police  or  other  officer,  to  abate,  remedy  or  remove 
such  nuisance,  within  a time  to  be  specified  in  said  notice,  shall  neg- 
lect or  refuse  so  to  do,  he  shall  be  fined  not  less  than  three  dollars, 
nor  more  than  one  hundred  dollars;  and  he  shall  be  subject  to  a like 
penalty  for  each  day  he  shall  suffer  or  permit  such  nuisance  to  remain 
after  the  expiration  of  the  time  fixed  by  said  notice  for  the  abatement 
of  the  same. 

Foul  Liquids,  etc.]  § 4.  Whoever  shall  place,  deposit, 
throw,  leave,  or  permit  to  remain,  or  shall  cause  or  permit  to  flow 
any  liquid,  slops,  animal  or  vegetable  matter,  or  substance  of  any 
kind,  which  is,  or  is  likely  to  become  rotten,  foul,  nauseous,  putrid 
or  offensive,  in  or  upon  any  premises  owned,  controlled  or  occupied 
by  him,  or  into  or  upon  any  adjacent  premises,  or  upon  the  premises 
of  any  other  person,  or  into  any  street,  alley  or  common,  shall  be 
guilty  of  a nuisance,  and  shall  be  fined  not  less  than  three  dollars  nor 
more  than  one  hundred  dollars. 

Depositing  Offensive  Matter  in  River,  etc.]  § 5.  Who- 
ever shall  deposit,  throw,  discharge,  or  leave  any  nauseous,  foul, 
offensive  or  putrid  liquid,  substance,  or  excrement,  or  any  liquid  or 
substance  likely  to  become  nauseous,  foul,  offensive  or  putrid,  or 
cause  the  same  to  be  done,  upon  the  margin,  banks,  or  into  the 
waters,  of  the  Vermilion  river,  or  any  of  its  forks  or  branches,  or  into 
Stony  Creek,,  within  the  limits  of  said  city,  or  upon  any  premises, 
or  upon  the  banks  or  in  the  waters  of  any  of  said  streams,  within 
one-half  mile  of  said  city,  shall  be  fined  not  less  than  three  dollars, 
nor  more  than  one  hundred  dollars. 

Green  and  Salt  Hides — When  a Nuisance.]  § 6.  Who- 
ever shall  keep  in  store  in  any  building,  cellar  or  place  within  said 
city,  any  green  or  salted  hides,  pelts  or  skins,  for  such  a length  of  time, 
or  in  such  a manner  that  they  shall  become  foul,  nauseous  or  offensive 
by  reason  of  their  bad  odor,  shall  be  deemed  guilty  of  a nuisance. 
And  if  such  person,  upon  being  notified  by  any  police  or  other  officer 
of  said  city,  to  abate,  remove  or  remedy  such  nuisance,  within  a time 
to  be  specified  in  such  notice,  shall  neglect  or  refuse  to  do  so,  he  shall 
be  subject  to  a penalty  of  not  less  than  five  dollars,  nor  more  than 
one  hundred  dollars ; and  he  shall  be  subject  to  a like  penalty  for 
each  day  after  the  expiration  of  the  time  specified  in  said  notice,  he 
shall  permit  such  nuisance  to  remain. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


77 


Dead  Animals.]  § 7.  Whoever  shall  knowingly  suffer  any 
dead  animal  belonging  to  him  to  remain  within  said  city,  or  within 
one-half  mile  from  the  limits  thereof,  so  as  to  be,  or  likely  to  become 
offensive  in  any  manner  to  any  person,  shall  be  deemed  guilty  of  a 
nuisance  and  shall  be  fined  not  less  than  three  dollars,  nor  more  than 
one  hundred  dollars. 

Removal  of  Dead  Animals.]  § 8.  Any  person  removing  any 
dead  animal,  who  shall  purposely  or  unnecessarily  cause  the  same  to 
be  offensive  or  annoying  to  any  other  person,  shall  be  subject  to  a 
penalty  of  not  less  than  three  dollars,  nor  more  than  one  hundred 
dollars. 

Trap  Doors,  Grating,  etc.]  § 9.  Whoever  shall  keep  or 
leave  open,  or  suffer  to  be  left  or  kept  open,  any  cellar  door,  or  trap 
door,  or  the  grating  of  any  vault,  in  or  upon  any  sidewalk,  street,  or 
alley,  shall  be  deemed  guilty  of  a nuisance,  and  shall  be  fined  not 
less  than  three  dollars,  nor  more  than  one  hundred  dollars. 

Removal  of  Offensive  Matter.]  § 10.  All  putrid  or 
offensive  matter,  and  all  night  soil,  and  the  contents  of  sinks,  privies, 
vaults,  cess-pools,  and  all  noxious  substances  in  said  city  shall,  before 
their  removal  or  exposure,  be  disinfected  and  rendered  inoffensive, 
by  the  person  who  removes,  or  is  about  to  remove  the  same.  Any 
person  violating  this  section  shall  be  fined  not  less  than  three  dollars, 
nor  more  than  one  hundred  dollars. 

Carts  and  Vehicles  Carrying  Offensive  Matter.]  § 
11.  The  bed,  boxes,  tubs,  or  other  receptacle  on  any  cart,  wagon, 
or  other  vehicle,  used  for  the  purpose  of  removing  any  offal,  swill, 
slops,  garbage,  or  the  contents  of  any  privy,  vault,  or  cess-pool,  or 
any  other  putrid  or  offensive  liquid  or  substance,  shall  be  so  con- 
structed and  maintained,  so  that  no  part  of  the  contents  thereof  shall 
fall,  leak  or  spill  therefrom;  and  shall  be  tightly  covered  so  as  to 
prevent  the  same  from  being  offensive.  Any  person  violating  this 
section  or  any  part  thereof,  either  as  owner  or  employee,  shall  be  fined 
not  less  than  three  dollars,  nor  more  than  one  hundred  dollars. 

Slaughter  Houses — Other  Offensive  Establishments.] 
§ 12.  Whoever  shall  locate,  erect,  carry  on,  occupy  or  use  any 

slaughter  house,  for  slaughtering  animals,  or  any  packing  house,  soap 
factory,  tallow  chandlery,  bone  factory,  or  any  establishment  for  ren- 
dering lard,  tallow,  offal,  dead  animals  or  other  substances  of  like 
nature,  within  the  limits  of  said  city,  or  within  the  distance  of  one 
mile  without  the  city  limits,  without  the  permission  of  the  city 
council,  shall  be  deemed  guilty  of  a nuisance,  and  shall  be  fined  not 
less  -than  five  dollars,  nor  more  than  one  hundred  dollars. 

Operating  Slaughter  Houses,  etc.  in  Offensive  Man- 


78 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


ner.]  § 13.  Whoever  shall  conduct,  keep,  maintain  or  operate  any 
slaughter  house,  packinghouse,  soap  factory,  tallow  chandlery,  bone 
factory,  or  any  establishment  for  rendering  lard,  tallow,  offal,  dead 
animals,  or  other  substances  of  a like  nature,  within  the  limits  of  said 
city,  or  within  one  mile  of  said  limits,  in  such  a manner  that  the  said 
premises  shall  become  foul,  or  offensive,  or  shall  emit  or  give  out  bad, 
offensive,  or  unwholesome  smells  or  odors  to  the  annoyance  or  det- 
riment of  any  community,  family  or  person,  shall  be  deemed  guilty 
of  a nuisance.  And  if  such  person,  upon  being  notified  by  any 
police,  or  other  officer  of  said  city,  to  renovate  or  cleanse  said  prem- 
ises, or  to  abate,  remedy  or  remove  such  nuisance,  within  a time  to  be 
specified  in  said  notice,  shall  neglect  or  refuse  so  to  do,  he  shall  be 
fined  not  less  than  five  dollars,  nor  more  than  one  hundred  dollars; 
and  he  shall  be  subject  to  a like  fine  for  each  day  he  shall  suffer  or 
permit  such  nuisance  to  remain  after  the  time  fixed  in  said  notice  for 
the  abatement  of  the  same. 

Permits  for  Slaughter  Houses,  etc.]  § 14.  Any  person 
desiring  to  obtain  a permit  to  locate  or  operate  a slaughter  house,  or 
any  of  the  establishments  enumerated  in  section  ten  of  this  chapter, 
within  limits  of  said  city,  or  within  one  mile  without  said  limits,  shall 
make  a written  application  therefor  to  the  city  council,  stating  the 
business  he  is  desirous  of  pursuing,  and  specifying  the  location  or 
premises  where  the  same  is  to  be  conducted.  Said  city  council  may 
thereupon  grant  the  said  permit  in  its  discretion,  and  if  such  permit 
is  granted  the  applicant,  before  he  can  do  business  under  the  same, 
shall  execute  to  the  said  city  a bond  in  the  penal  sum  of  five  hundred 
dollars,  with  one  or  more  sureties  to  be  approved  by  the  mayor,  con- 
ditioned that  the  said  applicant  will  comply  with  all  ordinances  then 
or  thereafter  in  force  regulating  such  establishments,  or  such  business, 
and  that  he  will  pay  all  fines  or  penalties  or  judgments  recovered 
against  him  by  said  city  before  any  court  of  competent  jurisdiction, 
for  the  violation  of  any  ordinance  of  said  city  relating  to  said  bus- 
iness, and  that  he  will  also  pay  all  costs,  charges  or  expenses  incurred 
by  said  city,  or  any  of  its  officers,  in  cleansing  or  renovating  the 
premises,  or  in  abating  or  removing  any  nuisance  thereon,  where  the 
said  business  shall  be  carried  on. 

Time  for  which  Permits  Shall  Issue.]  § 15.  Where 
any  person  to  whom  any  such  permit  shall  be  granted,  shall  be  con- 
victed of  a violation  of  any  ordinance  of  the  city  regulating  such 
establishments,  before  any  court  of  competent  jurisdiction,  then  the 
city  council  in  its  discretion  may  revoke  such  permit,  and  declare  the 
same  null  and  void. 

Stagnant  Water.]  § 16.  Any  lot  or  premises  upon  which 
stagnant  water  may  be  standing,  and  which  is,  or  is  likely  to  become 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


79 


foul  and  offensive  to  any  person  residing  near  the  same,  or  to  persons 
passing  by  the  same,  is  hereby  declared  a nuisance;  and  the  owner, 
occupant,  or  person  having  control  of  such  lot  or  premises,  who  shall 
not  abate,  remedy  or  remove  such  nuisance,  when  notified  so  to  do, 
by  the  marshal  or  other  police  officer  of  said  city,  within  the  time  in 
such  notice  specified,  shall  be  deemed  guilty  of  a nuisance,  and  be 
fined  not  less  than  three  dollars,  nor  more  than  one  hundred  dollars ; 
and  he  shall  be  subject  to  a like  penalty  for  each  day  he  shall  permit 
such  nuisance  to  remain  after  the  expiration  of  the  time  fixed  in  said 
notice  for  the  abatement  of  the  same. 

Dilapidated  Buildings.]  §17.  Any  wooden  building  or 
wooden  part  of  any  building  which  may  be  situated  within  thirty  feet 
of  any  contiguous  building,  and  which  may  be  in  danger  of  becoming 
on  fire  or  setting  fire  to  any  contiguous  building,  by  reason  of  being 
dilapidated,  out  of  repair  or  untenantable,  or  by  reason  of  any  fire- 
place, grate,  stove-pipe,  furnace  or  chimney,  or  any  other  structure  or 
apparatus  therein  used  or  intended  to  be  used  for  the  purpose  of 
holding,  conducting  or  securing  any  fire,  being  insufficient  or  being 
improperly  or  unsufficiently  secured,  is  hereby  declared  a nuisance. 
[R.  O.  1876.] 

Ordinance  for  Abatement.]  § 18.  When  any  such  building 
or  part  of  a building  shall  be  reported  to  the  city  council,  the  same 
shall  be  referred  to  the  committee  on  fire  and  water,  or  other  appro- 
priate committee,  who  shall  examine  such  building  or  part  of  a 
building,  and  report  the  condition  thereof;  and  if  the  city  council 
shall  be  satisfied  that  such  building  is  within  thirty  feet  of  any  con- 
tiguous building,  or  in  danger  of  becoming  on  fire  or  setting  fire  to 
any  contiguous  building,  by  reason  of  any  of  the  causes  mentioned  in 
the  last  preceding  section,  they  may  by  the  passage  of  an  ordinance 
declare  such  building  or  part  of  a building  to  be  a nuisance,  stating 
the  cause  thereof,  and  require  the  owner  or  occupant  of  such 
building  or  part  of  a building,  or  other  person  liable  therefor,  to 
remove  such  building  without  the  city  limits,  or  to  make  good 
and  properly  secure  any  such  fire-place,  grate,  stove,  stove-pipe, 
funnel  or  chimney,  or  other  structure  or  apparatus  in  such  building 
or  part  of  a building,  used  or  intended  to  be  used  for  the  purpose  of 
holding,  conducting  or  securing  any  fire,  or  require  him,  her  or  them 
otherwise  to  abate  such  nuisance  within  such  time  as  they  may  deem 
necessary.  [R.  O.  1876.] 

Notice  to  Owner — Building  to  be  Destroyed.]  § 19. 
The  mayor  shall,  without  delay,  after  the  passage  of  such  ordinance 
as  mentioned  in  the  last  preceding  section,  make  out,  sign  and  deliver 
to  the  marshal  a notice  containing  a copy  of  such  ordinance,  directed 
to  the  owner  of  such  building  or  part  of  a building,  requiring  him  to 
remove  the  same,  or  to  make  good  and  properly  secure  such  fire-place, 


80 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


grate,  stove;  stove-pipe,  funnel  or  chimney,  or  other  structure  or  appa- 
ratus therein,  used  or  intended  to  be  used  as  aforesaid,  in  compliance 
therewith.  The  marshal  shall,  without  delay,  serve  such  notice  upon  the 
owner  of  such  building  or  part  of  building,  or  his  agent,  and  the  per- 
son in  actual  occupancy  thereof,  if  any,  retaining  a copy  thereof ; but 
if  the  owner  is  a non-resident  of  the  city  and  has  no  known  agent 
residing  in  this  city,  the  mayor  shall  send  the  notice  to  him  by  mail, 
directed  to  him  at  the  post  office  at  which  he  usually  receives  his 
letters,  if  known,  retaining  a copy  thereof.  If  no  owner  or  his  agent 
can  be  found  in  the  city,  and  the  owner’s  place  of  residence  is  un- 
known, or  if  the  owner  is  unknown,  the  mayor  shall  cause  the 
ordinance  to  be  published  at  least  twice  in  the  newspaper  publishing 
the  ordinances  of  the  city,  which  shall  be  deemed  sufficient  notice  to 
all  persons.  If  any  such  building  or  part  of  a building  shall  not  be 
removed,  or  such  fire-place,  stove,  grate,  stove-pipe,  funnel  or  chim- 
ney, or  other  structure  or  apparatus  therein,  used  or  intended  to  be 
used  as  aforesaid,  shall  not  be  made  good  and  properly  secured,  in 
compliance  with  such  notice  at  the  expiration  of  the  time  named 
therein,  the  mayor  shall  order  the  city  marshal  to  move  or  tear  down 
such  building  or  part  of  a building,  or  so  much  thereof  as  may  be 
necessary,  or  in  some  other  manner  to  remedy  such  danger  and  abate 
such  nuisance.  [R.  O.  1876.] 

Report  of  Cost  of  Abatement — Suit  against  Owner.] 
§ 20.  The  marshal  shall,  without  delay,  execute  the  order  of  the 
mayor,  and  shall  report  the  costs  of  so  doing  upon  oath  to  the  city 
council,  and  the  same  may  be  collected  of  the  owner  of  the  building 
or  the  occupant  thereof,  or  any  person  liable  therefor,  by  suit  in  the 
name  of  the  city,  before  any  court  having  jurisdiction.  [R.  O.  1876.] 

Penalty  for  Not  Obeying  Notice.]  § 21.  Any  owner  of 
any  such  building,  who  shall,  when  notified  so  to  do,  neglect  or  refuse 
to  remove  the  same,  or  any  such  owner  or  any  occupant  thereof  who 
shall  neglect  or  refuse  to  make  good  or  perfectly  secure  any  such  fire- 
place, grate,  stove,  stove-pipe,  funnel  or  chimney,  or  other  structure 
or  apparatus  therein,  used  or  intended  to  be  used  as  aforesaid,  or 
otherwise  to  abate  such  nuisance  in  compliance  with  such  notice,  shall 
be  subject  to  a penalty  of  not  less  than  twenty  dollars,  and  not  exceed- 
ing one  hundred  dollars.  [R.  O.  1876.] 

Building  in  Danger  of  Falling.]  § 22.  Any  building  or 
erection,  or  part  thereof,  which  shall  be  in  danger  of  falling,  or  other- 
wise in  such  condition  as  to  endanger  the  safety  of  persons  passing 
under  or  near  the  same,  or  residing  adjacent  thereto,  or  to  endanger 
any  property  contiguous  thereto,  is  hereby  declared  to  be  a nuisance. 
[R.  O.  1876.] 

Duty  of  Mayor.]  § 23.  When  knowledge  of  any  such  dan- 
gerous building  or  erection  shall  come  to  the  mayor,  he  shall,  without 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


81 


delay,  summon  three  disinterested  citizens  of  the  city,  who  shall  with 
him  inspect  such  building  or  erection,  and  if  they,  or  a majority  of 
them,  shall  be  of  the  opinion  that  the  same  endangers  the  safety  of 
persons  passing  under  or  near  the  same,  or  residing  adjacent  thereto, 
or  any  property  contiguous  thereto,  the  mayor  shall,  without  delay, 
notify  or  cause  to  be  notified  the  owner  or  person  having  charge  of 
such  building  or  erection  forthwith  to  remove,  demolish  or  otherwise 
secure  the  same,  or  such  part  thereof  as  may  be  necessary  ; and  upon 
his  failing  or  refusing  to  compl)  with  such  notice,  the  mayor  shall, 
without  delay,  cause  such  building  or  erection,  or  such  part  thereof  as 
may  be  necessary  to  be  removed,  demolished  or  otherwise  secured,  so 
as  to  be  safe  and  harmless,  and  the  owner  of  such  building  or  erection, 
or  person  having  charge  of  the  same,  who  shall  fail  or  refuse  to  com- 
ply with  such  notice,  shall  be  subject  to  a penalty  of  not  less  than 
twenty  dollars,  and  not  exceeding  one  hundred  dollars  ; and  the  costs 
of  removing,  demolishing  or  securing  such  building  or  erection,  shall 
be  reported  to  the  city  council  by  the  mayor,  and  the  same  may  be 
collected  of  the  owner  of  such  building  or  erection,  or  person  having 
the  same  in  charge,  by  suit  in  the  name  of  the  city,  before  any  court 
having  jurisdiction.  [R.  O.  1876.] 

Dangerous  Scaffolds,  etc.]  § 24.  All  scaffolds  or  other 
erections  used  in  the  erection  of  any  building  shall  be  made  secure 
and  sufficiently  wide  to  insure  the  safety  of  persons  working  thereon 
or  passing  under  the  same,  against  the  falling  thereof,  or  of  materials 
placed  thereon.  Any  scaffold  or  other  erection  which  may  be  other- 
wise constructed,  shall  be  deemed  a nuisance,  and  whoever  shall  con- 
struct or  use  any  such  insecure  or  dangerous  scaffold  or  other  erection, 
shall  be  subject  to  a penalty  of  not  less  than  ten  dollars,  and  not 
exceeding  one  hundred  dollars,  and  upon  his  failure  or  refusal  to 
remedy  or  remove  the  same  forthwith,  when  required  by  the  mayor, 
the  supervisor  or  any  police  officer,  the  officer  shall  cause  the  same  to 
be  done,  and  the  costs  of  such  removal  or  remedy  shall  be  collected 
of  the  owner,  or  builder,  or  person  having  control  thereof,  and  recov- 
ered by  suit  in  the  name  of  the  city,  before  any  court  having 
jurisdiction. 

Duty  of  Police — Notice — Costs  of  Abatement,  etc.] 

§ 25.  When  any  nuisance,  or  anything  likely  to  become  a nuisance, 
shall  be  found  by  the  city  marshal,  policeman,  member  of  board  of 
health,  or  other  officer  of  said  city,  or  if  such  nuisance  shall  be 
reported  to  them  or  either  of  them,  it  shall  then  be  the  duty  of  the 
city  marshal  to  serve,  or  cause  to  be  served,  a notice  upon  the  owner, 
tenant  or  occupant  of  the  premises  where  such  nuisance  exists,  or  the 
author  of  the  same,  thereby  notifying  him  to  abate,  remedy  or  remove 
the  same,  within  a certain  time  to  be  specified  in  said  notice, 
which  shall  not  be  less  than  twelve  hours,  nor  more  than 
thirty  days,  owing  to  the  nature  or  character  of  the  nuisance  com- 


82 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


plained  of.  In  case  the  person  so  notified,  shall  not  comply  with  said 
notice,  the  marshal  or  any  police  officer  of  said  city  shall  enter  upon 
the  premises  where  such  nuisance  exists  and  abate,  remedy  or  reno- 
vate the  same,  and  shall  forthwith  bring  suit  against  such  person  in 
the  name  of  the  city  for  the  penalty  incurred  by  the  violation  of  this 
chapter,  or  any  section  thereof ; and  the  costs  of  the  abatement  or 
removal  of  such  nuisance,  may  also  be  recovered  with  the  penalty,  or 
by  a separate  suit  in  the  name  of  the  city,  before  any  court  having 
jurisdiction. 

Where  Owner  or  Author  of  Nuisance  is  Unknown,  or 
Cannot  be  Found.]  § 26.  When  any  nuisance,  or  anything  likely 
to  become  a nuisance,  is  found  upon  any  premises,  and  the  owner, 
tenant  or  occupant  of  said  premises,  or  the  author  or  cause  of  said 
nuisance  cannot  be  found,  or  is  unknown,  the  city  marshal,  or  any 
policeman  of  said  city,  shall  forthwith  enter  upon  said  premises  and 
abate,  remedy  or  remove  such  nuisance.  The  city  marshal  shall 
report  to  the  city  council  the  cost  and  expense  of  the  abatement  of 
such  nuisance,  and  a suit  to  recover  the  amount  thereof  shall  be  insti- 
tuted in  the  name  of  the  city  against  the  owner  or  occupant  of  said 
premises  or  against  the  author  of  such  nuisance  in  any  court  of  com- 
petent jurisdiction  where  he  shall  be  found. 


/ 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


83 


CHAPTER  XIX. 


PARKS. 

Section.  Section. 

1.  Committee  on  public  grounds,  etc.  8.  Abusive,  profane  language,  etc.  pro- 

to have  charge.  hibited. 

2.  Entering  Parks,  etc. — Climbing  on  9.  Gaming,  etc.  prohibited. 

fences.  10.  Intoxicated  persons,  indecent  or  un- 

3.  Turning  animals  into  park,  etc.  lawful  acts. 

4.  Firearms — Shooting — fire  works  pro-  11.  Fires  in  parks  forbidden. 

hibited.  12.  Carriages  on  turf,  etc. — hitching 

5.  Injury  to  trees,  grass,  buildings.  horses  to  trees,  etc. 

6.  Selling,  hawking,  peddling,  etc.  for-  13.  Throwing  stones,  rubbish,  etc.  in 

bidden.  parks. 

7.  Bathing,  fishing,  etc.  prohibited.  14.  Posting  bills,  etc.  forbidden. 

Committee  on  Public  Grounds,  etc.,  to  Have  Charge  of 
Parks.]  § i.  It  shall  be  the  duty  of  the  committee  on  Public 
Grounds  and  Buildings  to  superintend  all  inclosed  public  grounds  or 
parks  in  said  city,  and  keep  the  fences  thereof  in  repair,  the  walks  in 
order,  the  trees  properly  trimmed,  and  to  improve  the  same  according 
to  plans  approved  by  the  city  council. 

Penalty  for  Leaving  Park  except  at  Gateways — Climb- 
ing on  Fence,  etc.]  § 2.  Whoever  shall  enter  ot  leave  any  of 
the  public  parks  of  this  city  except  by  their  gateways,  or  shall  walk  or 
climb  upon  any  of  the  fences  inclosing,  or  in  the  same,  shall  be  fined 
not  less  than  one  dollar  nor  more  than  ten  dollars  for  each  offense. 

Turning  Animals  into  Park  Prohibited.]  § 3.  Whoever 
shall  turn  any  cattle,  horses,  goats,  swine  or  other  animals  into  any 
park  of  said  city,  or  permit  the  same,  or  any  of  them,  to  run  therein, 
shall  be  fined  not  less  than,  three  dollars,  nor  more  than  fifty  dollars, 
for  each  offense. 


Fire-arms  and  Fire-works  Forbidden.]  § 4.  Whoever 
shall  carry  any  fire-arms  into  said  parks,  or  shall  fire  off  or  discharge 
the  same  in,  or  into  said  parks,  or  any  of  them ; or  whoever  shall 
shoot,  fire  or  discharge  any  kind  of  fire-works  therein,  shall  be  fined 
not  less  than  one  dollar  nor  more  than  one  hundred  dollars,  for  each 
offense. 

Injury  to  Trees,  Grass,  Buildings,  etc.]  § 5.  Whoever 
shall  cut,  break  or  injure  in  any  way  any  tree,  shrub  or  plant,  in  any 
such  park ; or  shall  cut,  tramp,  or  injure  in  any  way  the  turf  or  grass 
therein,  or  shall  walk  or  lie  upon  the  grass  at  any  place  where  placards 
are  posted  directing  persons  to  keep  off,  or  not  to  walk  upon  the  same ; 
or  shall  cut,  mark,  deface  or  in  any  way  injure  any  of  the  buildings, 
fences,  bridges,  or  other  constructions,  or  property  of  any  kind,  in 
any  such  park,  shall  be  fined  not  less  than  one  dollar,  nor  more  than 
one  hundred  dollars  for  each  offense. 


S4 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


Selling,  Hawking  or  Peddling  Forbidden.]  § 6.  Who- 
ever shall  sell,  or  offer  to  sell,  any  article  or  thing,  in  any  such  park, 
or  shall  hawk  or  peddle  any  article  or  thing  therein,  or  attempt  so  to 
do,  shall  be  fined  not  less  than  three  dollars,  nor  more  than  one 
hundred  dollars. 

Bathing — Fishing,  etc.,  Prohibited.]  § 7.  Whoever  shall 
bathe,  fish  in,  or  ride  or  drive  any  animal  in  the  waters  of  any  such 
park,  or  throw  any  rubbish  or  garbage  or  other  thing  into  any  stream 
or  waters  of  such  park,  shall  be  fined  not  less  than  three  dollars,  nor 
more  than  ten  dollars. 

Abusive  Language,  etc.]  § 8.  Whoever  shall  use  any 
threatening,  abusive,  insulting,  profane,  or  indecent  language  in  any 
part  of  any  such  park,  shall  be  fined  not  less  than  three  dollars,  nor 
more  than  one  hundred  dollars. 

Gaming,  etc.,  Prohibited.]  § 9.  Whoever  shall  gamble  for 
money  or  other  valuable  thing,  or  anything  representing  or  intended 
to  represent  money,  or  other  thing  of  value,  or  shall  play  at  any  game 
of  chance,  or  at  or  with  any  table,  instrument  or  device  of  gaming,  in 
any  part  of  any  such  park,  shall  be  fined  not  less  than  five  dollars, 
nor  more  than  two  hundred  dollars  for  each  offense. 

Intoxicated  Persons — Indecent  or  Unlawful  Acts. 

§ 10.  Whoever  shall  be  found  in  any  such  park  in  an  intoxicated 
condition,  or  shall  resort  to  such  park  for  any  indecent,  or  unlawful 
purpose  ; or  shall  be  guilty  of  any  indecent,  obscene,  vulgar,  improper 
or  unlawful  act  while  there,  shall  be  fined  not  less  than  five  dollars, 
nor  more  than  two  hundred  dollars. 

Fires  in  Park  Prohibited.]  § 11.  Whoever,  except  employ- 
ees, or  laborers  in  such  park,  shall  light  or  make  any  fire  in  said  parks, 
shall  be  fined  not  less  than  three  dollars,  nor  more  than  one  hundred 
dollars. 

Driving  Carriages,  etc.,  on  Turf — Hitching  Horses  to 
Trees.]  § 12.  Whoever  shall  drive  any  carriage  or  vehicle  of  any 
kind,  or  any  horse  or  other  animal  upon  the  grass,  lawn  or  turf,  of 
any  such  park,  or  shall  hitch  a horse  to  any  of  the  shrubs  or  trees 
therein,  shall  be  fined  not  less  than  one  dollar,  nor  more  than  fifty 
dollars  for  each  offense. 

Throwing  Stones,  Rubbish,  etc.,  in  Parks.]  § 13.  Who- 
ever shall  throw  any  stones  into,  or  in  such  parks,  or  shall  throw  or 
place  any  rubbish  or  garbage  of  any  kind  therein,  or  shall  leave  or 
place  any  bottle,  cans,  paper,  or  scraps  of  any  kind  therein,  shall  be 
fined  not  less  one  dollar,  nor  more  than  twenty-five  dollars  for  each 
offense. 

Posting  Bills,  etc.,  Forbidden.]  § 14.  Whoever  shall 
post,  or  otherwise  affix  any  bills,  notice  or  other  paper,  upon  any 
fence,  tree,  bridge,  building  or  other  structure  therein,  shall  be  fined 
not  less  than  three  dollars. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


85 


CHAPTER  XX. 
OFFICERS. 

Section.  Section. 


I. 

Officers  appointed. 

14. 

Duties  of  city  engineer. 

2. 

Oath  of  office. 

15- 

Records  of  city  engineer. 

3- 

Official  bonds. 

16. 

Surveys,  etc. 

4- 

Sureties — city  attorney  to  prepare 

17- 

To  give  grades — superintend  side- 

bond— new  bond. 

walks. 

5- 

Commissions,  etc. 

18. 

To  superintend  street  labor — re- 

6. 

Officers  to  pay  money  over. 

ports. 

7- 

Salaries  payable  when. 

19. 

Boundaries  established. 

8. 

Records  of  city  open  to  inspection. 

20. 

Custody  of  tools,  etc. 

9- 

Officers  absent. 

21. 

Engineer  to  have  charge  of  streets. 

10. 

Removal  or  absence  from  city. 

22. 

Engineer  to  enforce  ordinances  rel- 

11. 

Liability  for  damage. 

ative  to  streets,  etc. 

12. 

Duties  of  city  attorney. 

23- 

Repair  cross-walks,  etc. 

*3- 

Duties  of  city  clerk. 

Officers  Appointed.]  § i.  There  shall  be  appointed  an- 
nually, by  the  mayor,  with  the  approval  of  the  city  council,  the  fol- 
lowing city  officers,  viz : a city  marshal,  city  engineer,  chief  of  the 
fire  department,  lamp  lighter,  and  such  number  of  police  and  firemen  as 
the  city  council  may  by  resolution  deem  necessary  and  expedient. 

Oath  of  Office.]  § 2.  All  officers,  whether  elected  or 
appointed,  shall,  before  entering  upon  the  duties  of  their  respective 
offices,  take  and  subscribe  the  following  oath  or  affirmation  : 

“I  do  solemnly  swear  (or  affirm,  as  the  case  may  be,)  that  I will 
support  the  constitution  of  the  United  States  and  the  constitution  of  the 
state  of  Illinois,  and  that  I will  faithfully  discharge  the  duties  of  the 
office  of -according  to  the  best  of  my  ability.  [R.  O.  1876.] 

Official  Bonds.]  § 3.  All  officers,  whether  elected  or  ap- 
pointed, except  aldermen,  shall,  before  entering  upon  the  duties  of 
their  respective  offices,  execute  a bond  with  security,  to  be  approved 
by  the  city  council,  payable  to  the  city  of  Danville,  in  such  penal 
sum  as  may,  by  resolution  or  ordinance,  be  directed,  conditioned  for 
the  faithful  performance  of  the  duties  of  the  office  and  the  payment 
of  all  moneys  received  by  such  officer,  according  to  law  and  the 
ordinances  of  said  city:  Provided , however , that  in  no  case  shall  the 
mayor’s  bond  be  fixed  at  a less  sum  than  three  thousand  dollars 
($3,000),  nor  shall  the  treasurer’s  bond  be  fixed  at  a less  sum  than  the 
amount  of  the  estimated  tax  and  special  assessments  for  the  citrrent 
year ; which  bonds  shall  be  filed  with  the  clerk  (except  the  bond  of 
the  clerk,  which  shall  be  filed  with  the  treasurer).  [R.  O.  1876.] 


86 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


Sureties — City  Attorney  to  Prepare  Bond — New  Bond.] 
§ 4.  No  member  of  the  city  council  or  officer  of  the  city  shall  be 
received  as  surety  on  the  official  bond  of  any  city  officer  hereby  created 
and  provided  for,  and  herein  required  to  execute  bond  as  city  officer. 
All  official  bonds  shall  be  drawn  by  the  city  attorney,  or  submitted  to 
him  after  being  drawn  up,  for  his  approval  of  the  form  thereof,  and 
shall  then  be  submitted  to  the  city  council  for  their  approval,  which, 
when  given,  the  city  clerk  shall  certify  thereon,  and  shall  file  and 
preserve  the  same  in  his  office,  except  the  bond  of  the  city  clerk, 
which  shall  be  filed  with  the  treasurer.  The  city  council  may  at  any 
time  require  a new  bond  to  be  executed  by  any  city  officer,  if  from 
any  cause  they  shall  deem  the  old  bond  insufficient  or  the  securities 
thereon ; but  the  execution  of  such  new  bond  shall  not  in  any  manner 
affect  any  liability,  loss  or  damage  incurred  under  the  old  bond, 
or  release  the  sureties  from  any  liabilities  incurred  thereon.  All 
bonds  and  contracts  shall  be  written  or  printed,  or  partly  both,  in 
a plain  and  legible  manner.  [R.  O.  1876.] 

Commissions.]  § 5.  All  officers  (except  the  clerk,  aldermen 
and  mayor,)  shall  be  commissioned  by  warrant,  under  the  corporate 
seal,  signed  by  the  clerk  and  the  mayor  or  presiding  officer  of  the  city 
council.  The  mayor  shall  issue  a certificate  of  appointment  or  elec- 
tion, under  the  seal  of  the  city,  to  the  clerk  thereof,  and  any  person 
having  been  an  officer  of  the  city  shall,  within  five  days  after  notifica- 
tion and  request,  deliver  to  his  successor  in  office  all  property,  books 
and  effects  of  every  description  in  his  possession  belonging  to  the  city, 
or  appertaining  to  his  said  office  ; and  upon  his  refusal  to  do  so,  shall 
be  liable  for  all  damages  caused  thereby,  and  shall  be  subject  to  a 
penalty  of  not  less  than  twenty-five  dollars,  and  not  exceeding  two 
hundred  dollars.  [R.  O.  1876.] 

Officers  to  Pay  Money  Over.]  § 6.  All  officers  collecting 
or  receiving  any  moneys  on  account  of  the  city,  shall  pay  the  same  as 
fast  as  collected  into  the  city  treasury  in  the  same  kind  of  funds  as  re- 
ceived by  them,  and  shall,  on  the  first  Thursday  of  each  month,  report 
to  the  city  council  an  accurate  statement  of  all  the  moneys  received  by 
them  for  the  preceding  month,  specifying  the  amount,  from  whom, 
and  on  what  account  received.  No  officer  shall  retain  any  moneys 
received  or  collected  by  him  towards  the  payment  of  any  salary  or  fees 
which  may  be  coming  to  him  from  the  city,  but  shall  pay  the  same 
into  the  treasury.  Any  officer  violating  any  provision  of  this  section, 
shall  be  subject  to  a penalty  of  not  less  than  ten  dollars,  and  not 
exceeding  two  hundred  dollars.  [R.  O.  1876.] 

Salaries  Payable,  when.]  § 7.  The  salaries  of  the  city 
officers,  unless  otherwise  specially  provided,  shall  be  payable  monthly, 
on  the  first  Thursday  of  each  month,  and  they  shall  present  their 
accounts  to  the  city  council  for  adjustment  or  payment,  but  no  warrant 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


87 


shall  be  drawn  in  favor  of  any  officer  for  his  salary  until  he  shall  have 
filed  his  report  as  herein  required,  nor  shall  any  warrant  in  any  case 
be  drawn  in  favor  of  any  officer  who  shall  be  in  default  or  arrears  with 
the  city.  [R.  O.  1876.] 

Records  of  City  Open  to  Inspection.]  § 8.  The  records, 
books  and  papers  pertaining  to  any  city  officer  shall,  at  all  reasonable 
times,  be  subject  to  the  inspection  and  examination  of  the  mayor, 
the  city  council  or  any  of  its  committees,  or  any  person  interested  in 
the  same;  and  all  city  officers  shall,  when  requested,  give  all  the 
information  in  their  power  pertaining  to  their  respective  offices,  to  the 
city  council  or  any  of  its  committees,  or  any  other  department  of  the 
city  government.  [R.  O.  1876.] 

Officers  Absent.]  § 9.  When  any  particular  officer  required 
by  ordinance  to  execute  any  particular  duty,  shall  be  absent,  or  in- 
competent, or  otherwise  unable  to  discharge  such  duty,  the  mayor  or 
mayor  pro  fam .,  may  assign  the  discharge  of  such  duty  to  some  other 
officer,  and  such  officer  shall  act  in  such  case  with  the  same  power  and 
authority  as  is  specially  named  in  the  ordinance.  [R.  O.  1876.] 

Removal  or  Absence  from  City.]  § 10.  If  any  city  officer 
shall  remove  from  the  city,  or  absent  himself  therefrom  for  one  month 
without  permission  of  the  city  council  first  had  and  obtained,  his  office 
shall  be  vacated.  [R.  O.  1876.] 

Liability  of  Officers  for  Damage.]  § 11.  All  officers  shall 
be  liable  to  the  city  for  all  loss  or  damage  which  may  arise  from  their 
negligence  or  willful  misconduct  in  the  discharge  of  any  official  duty, 
and  the  city  council  may,  in  their  discretion,  by  order,  withhold  the 
salary  of  any  such  officer,  in  order  to  secure  the  city  from  loss.  And 
if  any  officer  shall  fail,  neglect  or  refuse  to  discharge  or  perform  any 
duty  required  of  him,  the  mayor  may  employ  or  appoint  some  compe- 
tent person  to  perform  such  duty,  and  the  costs  and  expenses  of  doing 
the  same  shall  be  charged  to  such  officer  and  deducted  from  his  salary, 
or  if  his  salary  shall  be  insufficient  to  pay  the  same,  they  may  be  col- 
lected from  him  and  recovered  by  suit  in  the  name  of  the  city,  before 
any  court  having  jurisdiction.  [R.  O.  1876.] 

Duties  of  City  Attorney.]  § 12.  It  shall  be  the  duty  of 
the  city  attorney  to  prosecute  all  suits  for  the  recovery  of  fines  or  pen- 
alties, before  any  court,  for  the  violation  of  any  of  the  laws  or  ordi- 
nances of  said  city,  to  institute  or  defend  any  suit  which  may  be 
brought  in  any  court  by  or  against  the  city,  or  which  may  be  brought 
by  or  against  any  of  its  officers  on  account  of  any  of  their  official  acts. 
To  draft  all  ordinances,  bonds,  contracts,  leases,  conveyances,  and 
other  instruments  of  writing,  as  may  be  required  by  the  business  of 
the  city.  To  furnish  his  written  opinion  upon  any  legal  question 
submitted  to  him  for  such  opinion  by  the  city  council,  and  to  regu- 
larly attend  all  meetings  of  said  council.  And  he  shall  also  make  any 


88 


ORDINANCES  OF  THE  CITY  OF  DANVILLE, 


reports  concerning  any  suits  to  which  the  city  may  be  a party,  when- 
ever directed  to  do  so  by  the  council. 

Duties  of  City  Clerk.]  § 13.]  The  city  clerk  shall  keep  the 
corporate  seal  of  said  city,  and  all  papers  belonging  to  the  city.  He 
shall  attend  all  meetings  of  the  city  council,  and  keep  a full  record  of 
its  proceedings  in  its  journal.  He  shall  keep  full  and  complete 
accounts  and  exhibits  of  all  financial  transactions  of  the  city,  to  be 
entered  upon  such  books  as  are  provided  for  that  purpose,  including 
in  such  accounts  all  claims  against  the  city,  as  the  same  may  be 
allowed,  and  all  orders  for  the  payment  of  money  granted  and  on 
what  account.  He  shall  preserve  in  his  office  all  bills  on  which  any 
money  may  be  paid  out  by  the  city,  which  shall  be  neatly  folded  and 
endorsed  with  the  name  of  the  payee  thereon.  He  shall  issue  all 
licenses,  in  accordance  with  the  ordinances  of  the  city,  and  shall  keep 
a record  in  a suitable  book  of  each  license  granted,  to  whom  granted, 
for  what  purpose,  for  what  length  of  time,  the  location  of  the  place  of 
business  for  which  the  license  was  obtained,  and  the  amount  of  license 
fee  paid.  He  shall  perform  such  other  and  further  duties  pertaining 
to  his  office,  as  may  be  necessary,  or  as  the  city  council  may  from 
time  to  time  direct. 

Duties  of  City  Engineer.]  § 14.  The  city  engineer  shall, 
when  required  by  the  mayor,  the  city  council,  or  any  of  its  commit- 
tees, make  out  plans,  estimates  and  specifications  for  public  work 
which  may  be  ordered  or  proposed  by  the  city  council,  and  superin- 
tend the  construction  thereof.  He  shall,  when  required  by  the  city 
council,  make  surveys  of  the  grades  or  boundaries  of  streets  or  alleys, 
and  prepare  plats  and  profiles,  and  report  the  same  to  the  city  council; 
and  no  such  survey  of  any  grade  or  boundary  shall  be  established  and 
valid  until  the  plats  or  profiles  thereof  shall  be  reported  to  and  ap- 
proved by  the  city  council.  He  shall,  when  required,  receive,  inspect 
or  measure  any  lumber  or  other  materials  to  be  used  for  any  public 
work,  and  if  necessary,  shall  keep  an  accurate  account,  in  a suitable 
book,  of  the  quantity  and  quality  of  the  same,  and  from  whom  re- 
ceived, and  the  cost  thereof,  and  also  for  what  purpose  used,  and 
from  whom  delivered,  and  the  cost  thereof,  and  also  for  what  purpose 
used,  and  to  whom  delivered.  He  shall  examine  all  accounts  for  ma- 
terials received  by  him  on  account  of  the  city,  and  if  correct,  certify 
vthe  same  to  the  city  council.  [R.  O.  1876.] 

City  Engineer’s  Records.]  § 15.  He  shall  preserve  in  his 
office  all  record  and  plans  of  survey,  and  all  books,  papers  and  wri- 
tings pertaining  to  his  office.  He  shall  make  out  and  keep  a diagram 
or  plat  of  all  the  grades  and  boundaries  of  streets  and  alleys  established 
by  the  city  council,  correcting  the  same  when  any  grade  shall  be 
changed,  and  adding  thereto  when  any  new  grade  or  boundary  shall 
be  established,  and  he  shall  record,  in  a suitable  book,  the  profiles 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


89 


and  notes  of  all  surveys  of  grades  and  boundaries  established,  and 
shall  preserve  the  original  papers  relating  thereto,  and  shall  otherwise 
keep  a systematic  record  of  all  the  transactions  pertaining  to  his  de- 
partment. [R.  O.  1876.] 

Surveys,  etc.]  § 16.  He  shall  make  all  surveys  in  the  city 
that  he  may  be  called  upon  to  make,  and  shall  employ  the  necessary 
chainmen  and  other  assistants,  who  shall,  before  entering  upon  their 
duties,  be  sworn  before  him  or  any  person  authorized  to  administer 
oaths,  “ to  measure  accurately  and  justly,  and  to  perform  their  duties 
to  the  best  of  their  knowledge  and  ability.”  He  shall  acquaint  him- 
self with  the  original  surveys  of  the  town  and  city,  and  shall,  as  far  as 
practicable,  provide  himself  with  copies  of  the  field  notes  of  the  origi- 
nal surveys,  and  shall  make  his  surveys  in  accordance  therewith  ; and 
he  shall  note  all  errors  and  discrepancies  in  the  original  survey  or  sur- 
veys, as  soon  as  discovered.  [R.  O.  1876.] 

Engineer  to  give  Grades  and  Superintend  Building  of 
Sidewalks.]  § 17.  He  shall  give  the  grades  of  streets  and  alleys 
where  the  same  have  been  established  by  the  city  council,  to  all  per- 
sons desiring  to  construct  sidewalks.  He  shall  supervise  the  construc- 
tion of  all  sidewalks  built  in  the  city,  either  by  private  persons,  or  by 
the  city,  and  shall  compel  the  construction  thereof  in  conformity  with 
the  ordinances  of  the  city. 

Superintendence  of  Street  Labor — Reports  of  Engi- 
neer.] § 18.  He  shall  superintend,  under  the  direction  of  the 
committee  on  streets  and  alleys,  all  labor  performed  on  the  streets  and 
alleys.  He  shall  make  out  all  pay-rolls  for  street  labor,  and  certify  to 
the  correctness  of  the  same.  He  shall  report  monthly  to  the  city 
council  a general  abstract  of  all  the  operations  of  his  department ; the 
amount  of  work  performed,  and  the  amount  on  hand  unexecuted ; the 
number  of  laborers  and  teams  in  the  employ  of  the  city ; the  amount 
of  money  expended  in  his  department  together  with  such  other  infor- 
mation as  may  be  deemed  of  importance. 

Boundaries  Established  — Certificates.]  § 19.  He 
shall,  upon  finding  or  establishing  the  boundary  of  any  lot  or  tract 
surveyed,  plant  a substantial  stake  or  stone  at  each  corner  thereof,  and 
give  to  the  owner  or  person  employing  him,  if  required,  a certificate, 
stating  the  date,  and,  as  far  as  practicable,  the  metes  and  bounds  of 
the  survey,  and  date  of  the  survey,  for  whom  made,  and  describing, 
as  far  as  practicable,  the  metes  and  bounds  thereof.  [R.  O.  1876.] 

Engineer  to  have  Custody  of  Tools,  etc.]  § 20.  He 
shall  procure  and  have  the  control  and  custody  of  all  the  necessary 
tools  and  implements  which  are  used  in  the  construction  and  repair  of 
the  streets,  alleys,  lanes,  highways,  walks,  cross  walks,  bridges,  sewers, 
public  grounds  and  street  lamps  aforesaid,  and  see  that  the  same  are 


m\ 


Y (;  /.  (!  [ill 


90 


H'DiP 


ORDINANCES  C 


kept  in  proper  condition  for  use  and  ready  to  be  furnished  to  ward 
supervisors  of  streets  when  needed  by  them.  [R.  O.  1876.] 

Engineer  to  have  Charge  of  Streets,  etc.]  § 21.  It 
shall  be  the  duty  of  the  city  engineer  to  take  charge  of  all  streets, 
alleys,  lanes,  highways,  walks  and  cross  walks,  bridges,  sewers, 
public  grounds  and  street  lamps  in,  and  belonging  to  said  city,  subject, 
however,  to  all  ordinances  that  now  are  or  may  hereafter  be  in  force. 
He  shall  attend  to  and  superintend  the  improvement  and  repairs  upon 
the  same,  and  see  that  the  same  are  kept  in  proper  order  and  in  good 
condition,  and  free  from  all  unnecessary  obstructions.  [R.  O.  1876.] 

Enforcement  of  Ordinances  relative  to  Railroads, 
Streets,  etc.]  § 22.  The  city  engineer  shall  see  that  all  ordinan- 
ces of  said  city  pertaining  to  railroads  are  not  violated,  and  that  all 
railroad  crossings  are  kept  free  and  clear  at  all  times,  under  the  ordi- 
nances now  in  force  or  such  as  may  hereafter  be  in  force,  and  when 
there  is  a violation  of  ordinances  pertaining  to  railroads,  streets  and 
alleys,  walks,  cross  walks,  bridges,  sewers,  public  grounds,  lawns  or 
highways,  report  the  same  to  the  proper  officers  and  see  that  the  ordi- 
nances are  properly  enforced.  [R.  O.  1876.] 

Repair  of  Cross  Walks,  Sewers,  etc.]  § 23.  He  shall 
annually,  as  early  as  the  season  will  permit,  direct  the  supervisors  of 
the  respective  wards  in  said  city  to  cause  the  streets,  alleys,  lanes, 
highways,  walks  and  cross  walks,  sewers,  gutters,  bridges  and  public 
grounds  aforesaid,  to  be  put  in  proper  condition  and  repair. 
[R.  O.  1876.] 

[For  duties  of  Marshal  and  Police,  see  Police  Department,  and  for  duties  of  Chief 
of  Fire  Department,  see  Fire  Department.] 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


91 


CHAPTER  XXL 


ORDINANCES. 


Section. 


Section. 

7.  Rules  of  construction. 

8.  Fines,  etc.  not  released  by  repeal  of 


1.  Ordinances  repealed  in  force  till 


when. 

2.  Conflict  of  ordinances. 

3.  "Court”  defined. 

4.  Effect  of  repeal  of  repealing  ordi- 


ordinance. 

9.  T wo  offenses — election  of  prosecuto r. 

10.  Enrollment  of  ordinances. 

11.  Ordinances  in  force. 


nance. 

5.  Construction  of  certain  words. 

6.  Power  of  mayor  pro  tem — mar- 


shal and  police. 


Ordinance  Repealed  in  Force  Till  When.]  § 1.  When 
any  ordinance  or  part  of  an  ordinance  shall  be  repealed  or  modified 
by  a subsequent  ordinance,  the  ordinance  or  part  of  an  ordinance  thus 
repealed  or  modified  shall  continue  in  force  until  the  ordinance  repeal- 
ing or  modifying  the  same  takes  effect,  unless  it  shall  be  therein 
otherwise  expressly  provided. 

Conflict  of  Ordinances.]  § 2.  When  the  provisions  of 
different  ordinances  or  of  the  different  chapters  of  any  ordinance  con- 
flict with  or  contravene  each  other,  the  provisions  and  requirements 
of  each  ordinance  or  chapter  shall  prevail  as  to  all  subjects,  matters 
and  questions,  arising  out  of  or  embraced  within  the  subject  matter 
thereof.  But  if  different  provisions  be  found  in  different  sections  of 
the  same  ordinance,  the  provisions  of  the  section  which  is  last  in 
numerical  order  shall  prevail,  unless  such  construction  would  be 
repugnant  to  or  inconsistent  with  the  meaning  of  such  ordinance 
or  chapter.  [R.  O.  1876.] 

/‘Court”  Defined.]  § 3.  The  word  “court”  when  used 
in  any  ordinance,  shall  be  construed  to  mean  any  court  of  compe- 
tent jurisdiction,  whether  police  magistrates'  courts,  justices  of  the 
peace,  or  courts  of  record.  [R.  O.  1876.] 

Repeal  of  a Repealing  Ordinance. — Effect.]  § 4.  No 
ordinance  or  part  of  any  ordinance,  repealed  by  any  other  ordinance, 
shall  be  revived  by  the  repeal  of  the  repealing  ordkiance,  unless  it 
shall  be  therein  otherwise  expressly  provided.  [R.  O.  1876.] 

Construction  of  Certain  Words.]  § 5.  When  in  any  or- 
dinance words  importing  the  singular  number  are  used  in  reference 
to  any  person  or  subject  matter,  such  words  shall  be  deemed  to  extend 
to  and  embrace  several  persons,  matters  or  subjects,  and  words  used 
collectively  or  importing  the  plural  number,  shall  be  deemed  to  ex- 
tend to  and  embrace  any  singular  person,  matter  or  subject,  as  well 


92 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


as  to  several ; and  when  any  person  or  subject  matter  shall  be  named, 
referred  to  or  described  by  words  importing  the  masculine  gender,  or 
or  by  general  terms,  females  as  well  as  males  shall  be  deemed  inclu- 
ded in  the  meaning  and  terms  thereof,  and  the  words  “person”  or 
“persons,”  or  words  importing  any  person  or  persons,  shall  be  deem- 
ed to  include  corporations  as  well  as  individuals.  The  word  “month,” 
when  used  in  any  ordinance,  shall  be  construed  to  mean  a calendar 
month,  and  the  word  “oath”  shall  be  deemed  to  include  an  affirma- 
tion, and  the  word  “sworn”  to  mean  sworn  or  affirmed.  [R.  O.  187b.] 

Power  of  Mayor  Pro  Tem. — City  Marshal  and  Police- 
men.] § 6.  When  any  duty  shall  be  required  of  or  power  vested 
in  the  mayor,  the  same  shall  be  deemed  to  extend  to  and  embrace, 
and  may  be  exercised  by  the  acting  mayor,  or  mayor  pro  tem.  also, 
and  when  any  duty  shall  be  required  of  or  power  vested  in  the  city 
marshal,  the  same  shall  be  deemed  to  extend  to  and  embrace  and 
may  be  exercised  by  policemen,  unless  such  construction  would  be 
contrary  to  the  terms  of  the  ordinance  or  in  derogation  of  the  city 
charter.  [R.  O.  1876.] 

Rules  of  Construction.]  § 7.  The  rules  of  construction 
herein  prescribed  shall  apply  in  all  cases,  unless  it  shall  be  otherwise 
expressly  provided  in  the  ordinance,  or  unless  there  be  something  in 
the  subject  matter  or  context  thereof  repugnant  to  such  construction, 
and  all  general  terms,  provisions,  phrases  or  expressions  used  in  any 
ordinance  shall  be  liberally  construed,  in  order  that  the  true  mean- 
ing and  intent  of  the  city  council  may  be  carried  out.  [R.  O.  1876.] 

Fines,  etc.,  Not  Released  by  Repeal  of  Ordinance.] 
§ 8.  No  fine,  forfeiture,  penalty,  right,  action,  suit,  debt  or  other 
liability  whatever,  created,  instituted,  incurred  or  accrued  by  or  un- 
der any  ordinance,  prior  to  its  appeal  or  modification,  shall  be  releas- 
ed, discharged,  amended  or  repealed,  or  in  any  wise  affected  by 
the  passage  of  such  repealing  or  modifying  ordinance,  but  the  same 
may  be  prosecuted,  recovered  or  enjoyed,  or  any  suit  or  other  pro- 
ceeding commenced  or  completed  thereon,  as  fully,  and  in  the  same 
manner  in  all  respects,  as  if  such  ordinance  or  part  thereof  had 
remained  in  full  force,  unless  it  shall  be  otherwise  expressly  provi- 
ded in  the  ordinance  making  such  repeal  or  modification. 

[R.O.  1876. 

Two  Offences. — Election  of  Prosecutor.]  § 9.  When 
any  fine  or  penalty  shall  be  imposed  by  different  ordinances,  or  sec- 
tions or  clauses  of  different  ordinances,  for  the  same  offense,  the  officer 
or  person  prosecuting  may  choose  under  which  ordinance  or  section 
to  proceed,  and  a recovery  under  the  same  shall  be  a bar  to  any  further 
proceedings  under  any  other  provision  for  the  same  offense. 
[R.  O.  1876.] 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


93 


Enrollment  of  Ordinances — duties  of  Clerk.]  § io. 
All  ordinances  passed  by  the  city  council  shall  be  enrolled  by  the  city 
clerk  in  the  record  book  of  ordinances,  and  shall  be  properly  indexed 
by  their  titles  or  subjects,  and  he  shall,  without  delay,  cause  all  ordi- 
nances required  by  law  to  be  so  published,  to  be  published  in  the 
newspaper  authorized  to  publish  the  ordinances  of  the  city,  with  his 
certificate  under  the  corporate  seal  attached  that  the  same  is  a true 
and  authentic  copy  of  the  original  ordinance  (or  ordinances),  and  that 
it  is  printed  and  published  by  authority  of  the  city  council.  He  shall 
procure  the  affidavit  of  the  printer  or  the  publisher  of  the  newspaper 
publishing  the  ordinances  of  the  city  of  the  due  publication  of  such 
ordinance,  and  attach  the  same  to  the  original  ordinance,  or  he  may 
write  and  attest  such  affidavit,  or  any  other  competent  proof  of  such 
due  publication  upon  the  face  of  the  record  of  ordinances.  The  city 
clerk  shall  file  and  preserve  the  originals  of  all  ordinances  in  his  office, 
and  he  may  correct  any  errors  in  the  numbering  of  any  chapter  or 
section  of  any  ordinance,  and  insert  the  proper  numbers ; and  he  may 
omit  words  inserted,  or  supply  with  brackets  words  omitted  by  clerical 
mistake.  He  shall  attend  to  the  printing  of  all  ordinances  requiring 
publication  or  ordered  to  be  published,  and  read  the  proof  sheets 
thereof,  and  see  that  they  are  correctly  and  properly  printed  and 
published.  [R.  O.  1876.] 

Old  Ordinances  in  Force.]  § 11.  All  ordinances  now  in 
force  in  the  city  of  Danville,  and  not  inconsistent  with  these,  the 
revised’ ordinances,  shall  remain  in  force  under  these  ordinances,  until 
altered,  modified  or  repealed  by  the  city  council,  after  these,  the  re- 
vised ordinances,  shall  take  effect.  All  ordinances,  or  parts  of  ordi- 
nances, in  conflict  with  this  revised  ordinance,  or  any  chapter  or  sec- 
tion thereof,  are  hereby  repealed. 


94 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


CHAPTER  XXII. 


MILKMEN. 


Section. 


Section. 


1.  Milkmen  to  be  licensed. 

2.  License  fee. 

3.  Name  on  wagon. 


4.  Drivers  or  employees  of  unlicensed 


wagons. 

5.  Adulterated  milk. 


Milkmen  to  be  Licensed.]  § 1.  No  person  shall,  by  himself 
or  agent,  carry  on  the  business  of  selling  or  delivering  milk  to  custom- 
ers in  the  city,  by  means  of  a wagon,  cart  or  other  vehicle,  without 
being  licensed  so  to  do,  as  hereinafter  provided,  under  a penalty  of 
not  less  than  five  dollars,  nor  more  than  one  hundred  dollars  for  each 
offense. 

Amount  of  License.]  § 2.  Every  person  desiring  a license 
as  a milkman,  shall  pay  for  the  same,  at  the  following  rates : Where 
a person  sells  or  delivers  milk  with  only  one  wagon  or  other  vehicle, 
the  license  fee  shall  be  five  dollars  per  year,  and  five  dollars  for  each 
additional  wagon  or  other  vehicle  used  in  such  business. 

Name  on  Wagon.]  § 3.  Every  person  licensed  to  sell  milk, 
shall  cause  his  name  to  be  legibly  painted  or  placed  on  each  wagon  or 
other  vehicle,  used  by  him  in  his  business.  Any  person  violating  this 
section  shall  be  fined  not  less  than  one  dollar,  nor  more  than  ten  dol- 
lars, for  each  day  he  shall  neglect  or  refuse  to  place  his  name  on  such 
wagon  or  other  vehicle,  after  being  requested  so  to  do,  by  any  police 
officer. 

Drivers  or  Employees  of  Unlicensed  Wagons.]  § 4. 
Whoever,  as  driver,  agent  or  employee  of  the  owner  of  any  such 
wagon  or  other  vehicle,  used  in  the  sale  or  delivery  of  milk  as  afore- 
said, or  as  the  employee  or  agent  of  the  owner  of  the  milk  so  sold  or 
delivered,  shall  drive  any  such  wagon,  or  other  vehicle,  or  shall 
sell  or  deliver  milk  as  aforesaid,  without  his  employer  having  a license 
as  required  by  this  chapter,  shall  be  fined  not  less  than  three  dollars, 
nor  more  than  fifty  dollars  for  each\offense. 

Adulterated  Milk,]  § 5.  Whoever  shall  sell,  or  offer  for 
sale  any  milk  adulterated  with  water,  or  with  any  other  liquid,  or  sub- 
stance, or  any  milk  produced  from  any  sick  or  diseased  cow,  shall,  for 
each  offense,  be  fined  not  less  than  ten  dollars,  nor  more  than  one 
hundred  dollars.  And  any  police  officer  is  hereby  authorized  and 
empowered  to  seize  and  destroy  any  such  milk  sold  or  offered  for  sale. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


95 


CHAPTER  XXIII. 

PAWN  BROKERS. 


Section. 

Section. 

1.  Pawn  broker  defined — license  re- 

5- 

Time  of  receiving  property. 

quired,  etc. 

6. 

Other  business  forbidden. 

2.  Mayor  may  grant  license — rate — 

7- 

Inspection  of  premises  and  property. 

bond. 

8. 

Principal  liable  for  violations  of 

3.  Pawn  broker’s  book. 

clerk,  etc. 

4.  Property  of  minors,  stolen  property, 

etc.,  intoxicated  persons,  etc. 


Pawn  Broker  Defined — License — Penalty.]  § i.  Who- 
ever shall  loan  money  on  deposit,  or  pledge,  of  personal  property,  or 
shall  carry  on  the  business  of  purchasing  such  property,  on  the  condi- 
tion of  selling  the  same  back  at  a stipulated  price,  without  taking  a 
chattel  mortgage  thereon,  duly  executed  and  recorded,  as  required  by 
law,  shall  be  deemed  to  be  a pawn  broker  within  the  meaning  of  this 
chapter ; and  any  person  who  shall  pursue  or  carry  on  the  business  of 
a pawn  broker  in  said  city  without  first  having  obtained  a license 
therefor,  and  executed  a bond  as  hereinafter  provided,  shall  be  fined 
not  less  than  twenty-five  dollars,  nor  more  than  two  hundred  dollars 
for  each  offense. 

Mayor  may  Grant  License — Rate — Bond.]  § 2.  The 
mayor,  may,  from  time  to  time,  grant  licenses  to  such  persons  as  shall 
produce  to  him  satisfactory  evidence  of  good  character  to  carry  on 
the  business  of  pawn  broker.  Pawn  brokers  shall  pay  for  a license  at 
the  rate  of  one  hundred  dollars  per  year  ; no  such  license,  however, 
shall  extend  beyond  the  municipal  year.  Every  such  applicant  for  a 
license  shall,  before  receiving  the  same,  execute  to  the  city  a bond  in 
the  penal  sum  of  three  thousand  dollars,  with  two  or  more  good  and 
sufficient  sureties,  residents  of  the  city,  which  bond  shall  be  condi- 
tioned for  the  strict  observance  of  all  ordinances  of  the  city  respecting 
pawn  brokers  as  may  be  passed  or  in  force  at  any  time  during  the 
existence  of  the  license,  and  further  conditioned  that  he  will  pay  all 
damages  resulting  to  any  person  by  reason  of  his  wrongfully  purchas- 
ing or  taking  in  pledge  any  stolen  property,  or  the  property  of  any 
minor. 

Pawn  Broker’s  Book,  Inspection  of  Book.]  § 3.  Every 
pawn  broker  shall  keep  a well  bound  book,  suitably  ruled  for  the  pur- 
poses herein  designated,  in  which  shall  be  legibly  written  in  ink,  at 
the  time  of  each  loan  or  purchase,  an  accurate  account  or  description 
in  the  English  language,  of  the  goods,  article  or  thing  pawned,  pledged 
or  purchased,  the  amount  of  money  loaned  thereon  or  paid  therefor, 
the  time  the  same  was  pledged,  pawned  or  purchased,  the  rate  of  in- 


96 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


terest  to  be  paid  on  such  loan  and  the  name  and  residence  of  the 
person  pawning,  pledging  or  selling  the  goods,  article  or  thing.  No 
entry  made  in  such  book  shall  be  erased,  obliterated  or  defaced.  The 
said  book  shall  at  all  reasonable  time  be  open  to  the  inspection  of  the 
mayor,  marshal  or  any  police  officer  of  the  city.  Any  person  viola- 
ting this  section  or  any  part  thereof,  shall  be  fined  not  less  than 
twenty-five  dollars,  nor  more  than  two  hundred  dollars  for  each 
offense,  and  shall  forfeit  his  license,  in  the  discretion  of  the  mayor. 

Property  of  Minor — Stolen  Property,  etc.]  § 4.  Any 
pawn  broker  who  shall  purchase,  take  or  receive  in  pledge,  or  on 
deposit,  any  article  of  property  of,  or  from,  any  minor,  or  being 
owned  by  a minor,  or  any  stolen  property,  or  from  any  person  known 
to  be  a notorious  thief,  or  any  property  which  from  any  cause  he  may 
have  reason  to  believe  cannot  be  lawfully  or  rightfully  pawned,  pledged 
or  sold,  by  the  person  offering  it,  or  from  any  person  intoxicated,  shall 
in  either  case  be  fined  not  less  than  ten  dollars,  nor  more  than  one 
hundred  dollars,  and  shall  in  addition  thereto  forfeit  his  license. 

Time  of  Receiving  Property.]  § 5.  No  pawn  broker  shall 
purchase,  take  or  receive  on  pledge  or  deposit  any  article  of  property, 
after  the  hour  of  ten  o’clock  in  the  evening,  or  before  the  hour  of 
seven  o’clock  in  the  morning,  under  a penalty  of  not  less  than  ten 
dollars,  nor  more  than  one  hundred  dollars. 

Other  Business  Forbidden*]  § 6.  No  person  licensed  as 
aforesaid  shall  carry  on  any  other  business  or  avocation,  directly,  or 
indirectly,  in  the  same  building,  or  in  any  building  adjoining  the 
place  or  building  in  which  he,  or  she,  may  be  licensed  to  carry  on 
che  business  of  pawn  broker. 

Inspection  of  Premises  and  Property.]  § 7.  Every  pawn 
broker  shall  at  all  reasonable  times  during  business  hours,  allow  the 
mayor,  city  marshal,  or  any  policeman  of  the  city,  to  enter  the  place 
of  business  of  such  person,  and  examine  and  inspect  the  stock  or  prop- 
erty on  hands  in  such  place  of  business,  or  search  the  said  premises  for 
stolen  property,  or  make  such  examination  of  the  same,  as  such  officer 
may  desire  in  the  discharge  of  his  official  duty.  Any  person  who  shall 
refuse  to  permit  such  officer  to  make  such  search  or  inspection,  or 
shall  hinder  or  obstruct  him  in  making  the  same,  or  shall  refuse  to 
show  such  officer  any  property,  article  or  thing  in  the  possession  of 
such  pawn  broker,  when  requested  so  to  do  by  such  officer,  shall,  in 
either  case,  be  fined  not  less  than  ten  dollars,  nor  more  than  one  hun- 
dred dollars  for  each  offense,  and  shall  forfeit  his  license,  in  the 
discretion  of  the  mayor. 

Violations  of  Ordinance  by  Clerk — Principal  Liable.] 
5 8.  Every  licensed  pawn  broker  shall  be  subject  to  any  of  the  pen- 
alties prescribed  in  this  chapter  for  a violation  of  the  same,  or  any 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


97 


part  thereof,  whether  such  violation  is  done  by  himself,  or  by  his  clerk, 
agent  or  employee  ; and  such  clerk,  agent  or  employee  of  any  such 
licensed  pawn  broker  who  shall  violate  this  chapter,  or  any  part 
thereof,  shall  also  be  subject  to  the  same  penalty  herein  prescribed  for 
such  violation  when  done  by  a licensed  pawn  broker. 


CHAPTER  XXIV. 

PEDDLERS. 

Section.  Section. 

1.  Peddler  defined.  5.  Peddlers  not  to  enter  house  without 

2.  Peddling  without  license — penalty.  permission. 

3.  License  fees.  6.  Discretion  of  mayor  in  cases  of 

4.  Farmers,  etc!  to  sell  produce  without  charity. 

license. 

Peddlers  Defined.]  § 1.  The  selling  of  goods,  wares,  mer- 
chandise or  other  articles,  or  the  offering  of  the  same  for  sale,  by  any 
person  transiently  or  temporarily  in  the  city  for  the  purpose  of 
selling  or  disposing  of  the  same  at  retail,  whether  in  any  room  or 
building  as  a temporary  place  of  business,  or  at  any  stand,  uninclosed 
place,  or  other  place  of  any  kind;  and  the  selling  of  goods,  wares, 
merchandise  or  other  articles  of  value,  or  the  offering  of  the  same  for 
sale  at  retail,  by  any  person  travelling  or  going  about  from  place  to 
place  within  the  city,  on  foot,  or  in  a vehicle  of  any  kind,  or  whether 
such  person  resides  or  does  business  within  said  city,  or  not,  shall  be 
deemed  peddling,  and  the  person  so  engaged  in  such  selling,  or  offer- 
ing to  sell,  as  aforesaid,  shall  be  deemed  a peddler,  and  subject  to  the 
provisions  of  this  chapter. 

Peddling  Without  License — Penalty.]  § 2.  Whoever 
shall  peddle,  or  attempt  to  peddle,  goods,  wares,  merchandise  or 
other  articles  of  value,  without  first  obtaining  a peddler’s  license,  shall 
be  fined  not  less  thap  five  dollars,  nor  more  than  one  hundred  dollars 
for  each  offense. 

License  Fees.]  § 3.  Licenses  granted  under  this  chapter  shall 
be  charged  for  at  the  following  rates : For  a license  to  sell  by  foot 

peddlers,  five  dollars  for  two  weeks  or  less,  or  fifteen  dollars  for  one 
month,  and  five  dollars  for  eace  month  thereafter.  For  peddlers 
using  a one  horse  vehicle,  five  dollars  per  day,  and  for  peddlers  using 
a two  horse  vehicle,  six  dollars  per  day.  For  persons  located  tern- 


98 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


porarily  or  transiently  in  a room,  not  less  than  ten  dollars,  nor  more 
than  fifty  dollars  per  day  to  be  determined  by  the  mayor.  For  persons 
selling  at  any  stand,  or  uninclosed  place,  not  less  than  one  dollar,  nor 
more  than  five  dollars  per  day,  to  be  determined  by  the  mayor. 

Farmers,  etc.,  to  Sell  Produce  Without  License.]  § 4. 
No  license  to  sell  shall  be  required  of  any  farmer,  fruit  grower,  or 
gardener,  selling  the  produce  of  his  farm,  orchard,  or  garden ; nor 
shall  any  license  be  required  to  sell  fruit,  cakes,  nuts  or  other  like 
refreshments  when  sold  by  any  resident  of  the  city. 

Peddlers  Not  to  Enter  Houses  Without  Permission.] 
§ 5.  No  peddler  shall  vex,  annoy,  or  harass  any  person  by  impor- 
tuning such  person  to  purchase  or  look  at  his  goods,  or  otherwise  vex 
or  annoy  any  person ; nor  shall  any  peddler  enter  any  private  house 
without  being  invited  to  go  in,  under  a penalty  of  not  less  than  three 
dollars,  and  not  exceeding  one  hundred  dollars  for  each  offense,  and 
a forfeiture  of  his  license,  in  the  discretion  of  the  city  council,  or  the 
police  magistrate,  or  other  court  before  whom  conviction  may  be  had ; 
and  at  no  time  thereafter  shall  he  be  licensed  unless  for  good  cause 
shown,  the  city  council  shall  remove  his  disability. 

Discretion  of  Mayor  in  Cases  of  Charity.]  § 6.  When- 
ever, in  the  judgment  of  the  mayor,  it  would  be  a proper  charity  to 
allow  any  sick,  crippled  or  helpless  person,  or  any  person  in  poverty 
or  distress,  to  sell  or  peddle  notions,  or  other  like  property,  without 
requiring  the  license  fee  herein  charged,  to  be  paid,  the  mayor  may 
grant  such  person  a permit  to  sell  free  of  charge.  Such  permit  to  be 
revoked  at  any  time,  in  the  discretion  of  the  mayor. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


99 


CHAPTER  XXV. 

POLICE  DEPARTMENT. 


Section.  Section. 


I. 

Police  department  shall  consist  of 

20. 

Arrest  at  night. 

whom. 

21. 

Prisoners  drunk  when  arrested. 

2, 

Appointment  of  policemen. 

22. 

Statement  to  be  filed. 

3- 

Bond  and  oath  of  policemen. 

23- 

Arrest  without  warrant. 

4- 

Duties  of  mayor. 

24. 

Bail. 

5- 

Duties  of  city  marshal. 

25- 

Officers  as  witnesses. 

6. 

Marshal  custodian  of  property. 

26. 

Witness  and  jury  fees. 

7- 

Reports  of  city  marshal. 

27. 

Malicious  suits — costs,  etc. 

8. 

Absence  of  marshal. 

28. 

Committment — labor  of  prisoners. 

9- 

Day  and  night  force,  beats,  etc. 

29. 

Refusing  to  labor. 

10. 

Captain  of  night  police,  turnkey,  etc. 

3°- 

Discharge  of  prisoners. 

11. 

Police  record. 

Si- 

Report  of  labor  performed. 

12. 

Special  police. 

32- 

Payment  of  fines  into  treasury- 

13- 

Temporary  police. 

magistrate’s  report. 

14. 

Duties  of  police. 

33- 

Falsely  representing  to  be  an  officer. 

IS- 

Power  to  arrest — serve  warrants,  etc. 

34- 

Resisting  officer. 

16. 

Search  warrant. 

35- 

Rescue  of  prisoners. 

17- 

Neglect  of  duty,  etc. 

36- 

Re-arrest  of  escaped  prisoners. 

18. 

Causes  for  removal. 

27. 

Posse  comitatus. 

19. 

Trial  of  persons  arrested— continu- 
ance— bail. 

38. 

Uniforms  of  police. 

Police  Department  Shall  Consist  of  Whom.]  § i.  The 
police  department  of  the  city  shall  consist  of  the  mayor,  the  aider- 
men,  police  magistrates,  city  marshal,  and  such  policemen  and  watch- 
men as  may  be  appointed  by  the  mayor  and  city  council. 

Appointment  of  Policemen.]  § 2.  The  mayor  shall,  at  the 
beginning  of  each  muncipal  year,  or  within  a reasonable  time  thereaf- 
ter, and  by  and  with  the  consent  of  the  city  council,  appoint  such  a 
number  of  policemen  as  the  city  council  shall  by  ordinance  or  resolu- 
tion authorize,  who  shall  be  duly  commissioned  as  other  city  officers 
are  by  law  required. 

Bond  and  Oath  of  Policemen.]  § 3.  Each  policeman,  or 
watchman  shall,  before  entering  upon  the  duties  of  his  office,  take 
and  subscribe  to  the  same  oath  required  of  other  city  officers,  and 
shall  also  execute  a bond  payable  to  the  city,  with  security  to  be 
approved  by  the  city  council,  in  the  penal  sum  of  one  thousand 
dollars,  conditioned  for  the  faithful  performance  of  the  duties  of  his 
office,  and  the  payment  of  all  moneys  received  by  him,  according  to 
law  and  the  ordinances  of  said  city. 

Duties  of  Mayor.]  § 4.  The  mayor  shall  exercise  a general 
supervision  and  control  over  the  police  department,  and  shall  see  that 
the  various  police  officers  are  prompt  and  efficient  in  the  discharge  of 
their  duties,  and  he  shall,  from  time  to  time,  take  such  measures  for 
the  preservation  of  the  public  peace  and  good  order,  and  for  the 


100 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


prompt  and  efficient  execution  of  the  laws  of  the  state  and  the  ordi- 
nances of  the  city,  as  may  be  deemed  most  expedient  and  best  to 
accomplish  the  purpose  contemplated.  [R.  O.  1876.] 

Duties  of  City  Marshal.]  § 5.  The  city  marshal  shall  be 
the  commanding  officer  of  the  entire  police  force  of  the  city,  subject 
only  to  the  mayor,  or  the  city  council  in  session.  He  shall  devote 
his  whole  time  to  the  discharge  of  his  duties,  and  shall  see  that  the 
laws  and  ordinances  are  enforced  so  far  as  possible  by  the  force  under 
his  command.  He  shall  assign  to  all  policemen  or  patrolmen  their 
different  beats  or  districts,  and  their  respective  hours  of  duty,  and 
shall  see  that  they  are  on  duty  during  the  whole  time  of  their  watch. 

Marshal  Custodian  of  Property.]  § 6.  The  city  marshal 
shall  be  the  custodian  of  all  property  provided  by  the  city  for  the  use 
of  the  police  department.  He  shall  also  be  the  custodian  of  all  stolen 
goods,  or  other  property  received  and  retained  under  the  police 
authority. 

Reports  of  City  Marshal.]  § 7.  The  city  marshal  shall 
make  to  the  city  council,  at  each  regular  meeting  thereof,  a report  in 
writing  of  the  doings  of  his  department  during  the  preceding  month. 
Said  report  shall  set  forth  the  number  of  arrests,  by  whom  made,  and 
on  what  charges  ; the  number  of  prosecutions  for  the  recovery  of  fines, 
before  what  magistrate  brought,  how  disposed  of,  the  amount  of 'fines 
and  costs  assessed,  and  the  amount  collected  in  money  or  labor,  to- 
gether with  a statement  of  all  property  received  by  him  during  the 
month  by  virtue  of  his  office. 

Absence  of  Marshal.]  § 8.  The  city  marshal  shall  not 
absent  himself  fom  the  city,  without  permission  of  the  mayor ; and 
in  case  of  such  absence,  the  mayor  shall  designate  some  member  of 
the  police  force  to  assume  the  duties  of  marshal,  who  shall  be  the  acting 
city  marshal,  and  shall  possess  all  the  power  and  authority  of  the 
marshal. 

Day  and  Night  Force,  Beats,  etc.]  § 9.  The  city 
marshal  shall  divide  the  police  force  into  twTo  classes,  to  be  respect- 
ively known  as  the  day  and  night  force.  In  making  such  division, 
provision  may  be  made  for  the  interchanging  of  the  different  members 
of  the  force,  from  one  class  to  the  other  as  he  may  deem  best.  He 
shall  also  locate  and  establish  beats  and  stations  throughout  the  city 
to  be  occupied  by  the  different  members  of  the  force,  when  on  duty ; 
and  shall  fix  the  hours  of  duty  for  each  relief  or  class.  He  shall  also 
report  his  action  under  this  section  to  the  city  council,  and  the  same 
shall  be  subject  to  the  approval  thereof. 

Captain  of  Night  Police,  Turnkey,  etc.]  § 10.  The 
mayor  shall  designate  one  member  of  the  police  force,  as  captain  of 
the  night  police,  who  shall  perform  the  duties  of  a regular  policeman, 
but  shall  be  the  officer  in  charge  of  the  night  force,  subject  to  the 
- orders  of  the  mayor  and  marshal.  The  mayor  shall  also  designate 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


101 


one  of  the  members  of  the  force  as  turnkey,  who  shall  be  the  officer 
in  charge  of  the  police  station  and  city  prison.  He  shall  remain  at 
the  police  station  during  the  day  and  such  hours  of  the  night  as  may 
be  designated  by  the  city  marshal  under  the  preceding  section.  He 
shall  have  charge  of  the  prisoners  in  the  city  prison,  and  shall  attend 
to  their  wants  and  necessities.  It  shall  be  his  duty  to  answer  and 
attend  to  all  calls  for  police  service  in  the  neighborhood  of  his  station, 
when  there  is  no  other  police  officer  at  the  station. 

Police  Record.]  § n.  The  city  marshal  shall  provide  a suit- 
able police  record,  which  shall  be  kept  at  the  police  station,  and  in 
which,  each  officer  making  an  arrest  shall  enter  the  name  of  the 
person  arrested,  where  arrested,  on  what  charge,  what  property,  if 
any,  was  taken  or  found  on  such  person  and  how  disposed  of,  and 
shall  also  record  his  own  name,  as  the  officer  making  the  arrest. 

Special  Police.]  § 12.  The  mayor  may,  by  and  with  the 
consent  of  the  city  council,  and  upon  the  application  of  any  corpor- 
ation, association,  firm,  or  individual,  appoint  any  suitable  person  in 
the  employ  of  such  applicant,  a special  policeman  in  and  for  said  city. 
Such  special  policeman  shall,  before  entering  upon  the  duties  of  his 
office,  take  the  same  oath,  and  execute  a bond  to  the  city  in  the  same 
amount,  and  with  like  conditions  as  required  of  other  police  officers, 
with  surety  to  be  approved  by  the  city  council.  He  shall  also  be 
commissioned  in  the  same  manner  as  other  police  officers,  except,  that 
in  such  commission  he  shall  be  designated  as  a special  policeman. 
Such  appointment  shall  not  extend  beyond  the  municipal  year,  and 
when  such  special  policeman  has  been  duly  qualified  as  aforesaid  he 
shall  possess  all  the  power  and  be  obeyed  the  same  as  members  of  the 
regular  police  force.  Provided , such  special  policeman  shall  not 
receive  any  compensation  from  the  city  for  his  services.  The  mayor 
may  revoke  such  appointment  at  any  time  he  may  deem  proper. 

Temporary  Policemen.]  § 13.  Whenever  it  may  be  deemed 
necessary  for  the  preservation  of  public  order  or  private  or  public 
property,  the  mayor,  by  and  with  the  advice  of  the  city  council,  may 
appoint  such  a number  of  temporary  policemen  as  the  city  council 
may  direct,  to  serve  for  such  a period  as  the  council  may  determine. 
Such  policemen  shall  take  the  same  oath  as  required  of  other  officers, 
and  give  a bond  in  the  sum  of  three  hundred  dollars,  conditioned  as 
by  law  required,  with  surety  to  be  approved  by  the  mayor.  They 
shall  also  be  commissioned  the  same  as  other  policemen  ; and  when 
so  qualified,  they  shall  possess  the  same  power,  perform  the  same 
duties,  and  be  subject  to  the  same  obligations  as  the  regular  police 
force.  Such  policemen  shall  receive  such  compensation  as  may  be 
agreed  upon,  or  as  may  be  povided  by  the  city  council. 

Duties  of  Policemen.]  § 14.  The  several  members  of  the 


102 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


police  force,  when  on  duty,  shall  devote  their  time  and  attention  to 
the  discharge  of  the  duties  of  their  office  according  to  the  ordinances 
of  the  city,  and  the  rules  and  regulations  of  the  police  department. 
They  shall,  to  the  best  of  their  ability,  preserve  order,  quiet  and 
peace  throughout  the  city,  and  enforce  all  the  ordinances  of  the  city. 
Every  policeman  shall  report  to  the  marshal,  or  mayor,  all  persons 
known  or  suspected  to  be  gamblers,  receivers  of  stolen  goods,  thieves, 
burglars,  or  disorderly  persons,  and  also  all  unlawful  or  disorderly 
houses,  or  places,  within  said  city,  coming  to  his  knowledge,  as  well 
as  all  violations  of  the  laws  of  the  state,  or  the  ordinances  of  the  city, 
reported  to  him,  or  of  which  he  may  be  cognizant ; and  when  it  shall 
come  to  the  knowledge  of  any  policeman  that  any  city  ordinance  has 
been  violated,  such  member  shall  forthwith  cause  a complaint  to  be 
made  before  a police  magistrate,  or  justice  of  the  peace  within  the 
city  and  the  proper  witnesses  to  be  subpoened  and  evidence  procured 
for  the  successful  prosecution  of  the  offender. 

Power  to  Arrest — Serve  Warrants,  etc.]  § 15.  The 
city  marshal,  and  each  policeman  of  said  city,  shall  have  power  to 
arrest  or  cause  to  be  arrested,  with  or  without  process,  all  persons  who 
shall  break  the  peace,  or  be  found  violating  any  ordinance  of  the  city 
of  Danville,  or  any  criminal  law  of  the  state  of  Illinois,  or  found 
under  suspicious  circumstances  and  unable  to  give  a satisfactory  ac- 
count of  their  doings,  and  may  commit  such  persons  so  arrested  for 
examination,  and,  if  necessary  detain  them  in  custody  over  night  or 
Sunday  in  the  city  prison  or  other  safe  place,  or  until  they  can  be 
brought  before  the  proper  magistrate.  All  warrants  for  the  violation 
of  ordinances,  and  all  criminal  warrants  to  whomsoever  directed,  may 
be  served  and  executed  within  the  corporate  limits  of  said  city  by 
any  policeman  thereof.  [See  laws  1883,  State  of  Illinois.] 

Search  Warrant.]  § 16.  Whenever  the  city  marshal,  or 
any  police  officer  is  satisfied  that  there  is  reasonable  cause  for  search- 
ing any  house,  building,  apartment,  room,  or  place,  for  property  that 
has  been  stolen,  embezzled,  or  fraudulently  obtained  by  false  tokens 
or  pretenses ; or  for  counterfeit  or  spurious  money,  or  tools,  machin- 
ery or  materials  for  making  the  same  ; or  for  gaming  apparatus,  or 
implements  used  or  kept  and  provided  to  be  used  in  unlawful  gaming, 
it  shall  be  the  duty  of  the  marshal,  or  policeman,  to  swear  out  a 
search  warrant  for  the  search  of  such  premises  as  by  the  statutes  of  the 
state  of  Illinois  provided.  [Rev.  Stat.  1881,  p.  418,  § 372.] 

Neglect  of  Duty.]  § 17.  Any  member  of  the  police  force 
who  shall  neglect  or  refuse  to  perform  any  duty  required  of  him  by 
the  ordinances  of  the  city,  or  the  rules  and  regulations  of  the  police 
department,  or  who  shall  in  the  discharge  of  his  official  duties  be 
guilty  of  any  fraud,  extortion,  oppression,  favoritism  or  willful  wrong 
or  injustice,  shall  forfeit  and  pay  a penalty  of  not  less  than  five 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


103 


dollars,  nor  more  than  one  hundred  dollars,  and  shall  be  subject  to 
removal  from  office. 

Causes  for  Removal.]  § 18.  The  following  offenses  shall  be 
deemed  sufficient  causes  for  removal  of  any  member  of  the  police 
force : 

First . Disobedience  of  the  orders  of  mayor,  city  council  or 
marshal. 

Second.  Drunkenness. 

Third.  Holding  familiar  conversation  on  the  streets  with  pros- 
titutes, or  associating  with  rowdies  or  gamblers. 

Fourth.  Violent,  insolent  or  abusive  language  to  a superior 
officer,  or  to  any  citizen,  resident  or  stranger. 

Fifth.  Drinking  intoxicating  liquor,  wine  or  beer,  while  on 
duty,  or  entering  any  saloon,  gambling  house,  or  house  of  ill-fame, 
while  on  duty,  except  in  the  discharge  of  the  duties  of  his  office. 

Sixth.  Accepting  or  receiving  from  any  person,  while  in  cus- 
tody, or  after  he  shall  have  been  discharged,  or  from  any  of  such 
person’s  friends,  any  gratuity,  gift,  pay  or  reward. 

Seventh.  Communicating  to  any  person  any  information  which 
may  lead  to  the  escape  from  arrest  or  punishment  of  persons  ac- 
cused of  any  crime,  misdemeanor,  or  violation  of  any  city  ordinance. 

Eighth.  Leaving  the  city,  without  permission,  in  writing,  from 
the  mayor,  unless  in  pursuit  of  offenders  fleeing  from  arrest. 

Ninth.  Leaving  his  beat  or  post,  during  his  hours  of  duty, 
except  in  the  discharge  of  the  duties  of  his  office  ; or  going  to  sleep 
during  his  hours  of  service. 

Tenth.  Charging  or  receiving  any  fee  or  compensation,  other 
than  his  legal  salary,  or  receiving  or  accepting  any  present  or  reward 
for  police  services  rendered,  or  to  be  rendered,  unless  with  the 
written  permission  of  the  mayor,  first  had  and  obtained. 

Trial  of  Persons  Arrested — Continuance — Bail.]  § 19. 
Whenever  any  person  shall  be  arrested  for  any  offense,  it  shall  be  the 
duty  of  the  police  officer  making  the  arrest,  to  take  the  prisoner  to 
the  police  headquarters,  and  a record  of  the  arrest  shall  be  made  in 
the  book  kept  for  that  purpose.  If  any  police  magistrate  is  at  his 
office  the  prisoner  shall  be  immediately  taken  before  such  magistrate, 
and  if  the  city  and  the  prisoner  are  both  ready,  a trial  may  at  once  be 
had  ; but  either  party  may  have  a continuance  for  a reasonable  time 
to  procure  witnesses,  or  for  other  good  cause  shown  ; and  the  prisonei 
shall  enter  into  a recognizance,  with  surety  to  be  approved  by  the 
magistrate,  for  his  appearance  at  the  time  of  trial ; and  in  default  of 
such  recognizance,  he  shall  be  confined  in  the  city  calaboose  until  the 
time  fixed  for  trial,  and  until  the  further  order  of  the  court. 


I, 


104  ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


Arrests  at  Night.]  § 20.  All  prisoners  arrested  in  the  night 
time,  or  at  other  times  when  no  police  magistrate’s  court  shall  be 
open,  shall  be  taken  to  the  police  headquarters,  and  a like  record 
made  as  before  provided,  and  the  prisoner  shall  be  confined  in  the 
city  calaboose  until  the  next  morning,  or  until  a trial  can  be  had,  or, 
if  arrested  on  Saturday  night,  or  on  Sunday,  then  he  shall  be  confined 
as  aforesaid  until  Monday  morning,  when  the  prisoner  shall  be  taken 
before  a police  magistrate  and  a trial  had,  or  the  case  continued  as 
provided  in  the  preceding  section. 

Prisoners  Drunk  when  Arrested.]  § 21.  Whenever  any 
person  arrested  for  any  offense,  shall,  at  the  time  of  his  arrest  be 
drunk  or  intoxicated,  the  officer  making  the  arrest  shall  take  such 
person  to  the  police  headquarters  and  confine  him  in  the  calaboose 
until  he  shall  become  sober ; and  he  shall  then  be  taken  before  a 
police  magistrate  for  trial  as  provided  in  other  cases. 

Statement  to  be  Filed.]  § 22.  When  any  suit  for  the  vi- 
olation of  any  of  the  city  ordinances,  shall  be  commended  by  sum- 
mons before  any  police  magistrate,  or  justice  of  the  peace,  the  city 
attorney,  or  some  other  officer  of  the  city  shall  file  a statement  signed 
by  him,  substantially  as  follows,  viz : 

“A.  B.,  to  the  city  of  Danville,  Dr.,  to dollars  for  a viola- 
tion of  the section  (or  sections)  of  an  ordinance  of  the  city  of 

Danville,  entitled  (here  set  forth  the  title  of  the  ordinance)  passed  on 

the day  of 18 — , (or  of  the  city  charter  as  the  case  may 

be,)  in  this,  to-wit:  that  the  said  A.  B.,  on  or  about  the day 

of A.  D.  18 — , before  the  commencement  of  this  suit,  did  at 

the  city  of  Danville  (or  within  the  jurisdiction  of  said  city),  (here 
state  the  particular  violation  or  violations  complained  of,  as  near  as 
may  be,  in  the  language  of  the  ordinance  or  the  city  charter). 

Signed,  C.  D.” 

Arrests  Without  Warrant.]  § 23.  Whenever  any  person 
shall  be  lawfully  arrested  without  a warrant  and  brought  before  a 
magistrate  for  trial,  no  process  shall  be  necessary,  but  the  statement 
required  by  the  preceding  section  hereof  shall  be  made  and  filed  as 
therein  provided,  and  the  magistrate  before  whom  such  person  is 
brought  shall  enter  the  case  on  his  docket  as  in  other  cases. 

Bail.]  § 24.  Any  person  who  may  be  arrested  by  or  in  the 
custody  of  any  officer  for  the  violation  of  any  ordinance  of  the  city, 
may  release  himself  from  custody  or  imprisonment  by  entering  into 
bail  or  recognizance  before  such  officer  or  before  any  police  magistrate, 
in  such  amount  or  with  such  surety  or  sureties  as  may  be  required  of 
him,  and  conditioned  that  he  will  appear  before  the  police  magistrate 
or  court  named  therein  at  the  time  named,  and  remain  and  answer 
the  offense  with  which  he  stands  charged,  and  await  his  trial  thereon, 
and  not  depart  the  court  without  leave.  The  amount  of  the  penalty 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


105 


of  the  bond  or  recognizance  shall  be  proportioned  to  the  offense 
charged,  and  such  bond  or  recognizance  shall  be  filed  with  the  magis- 
trate or  court  named  therein,  by  the  officer  taking  the  same,  and  if 
the  offender  shall  fail  to  appear,  or  shall  otherwise  fail  to  comply  with 
the  conditions  thereof,  the  same  shall  be  adjudged  forfeited,  and  suit 
shall  forthwith  be  brought  thereon  against  the  offender  and  his  surety 
or  sureties,  for  the  full  amount  of  the  penalty  thereof,  and  judgment 
shall  be  rendered  by  the  court  for  the  same  and  all  costs,  or  for  so 
much  of  said  penalty  as  may  be  adjudged  just  and  proper,  upon  exam- 
ination of  the  facts  of  the  case.  [R.  O.  1876.] 

Officers  as  Witnesses.]  § 25.  All  officers  making  arrests 
shall  attend  as  witnesses  before  the  police  court  and  shall  procure  all 
necessary  evidence  in  their  power,  and  furnish  a list  of  all  witnesses  to 
the  court  or  to  the  city  attorney.  [R.  O.  1876.] 

Witness  and  Jury  Fees.]  § 26.  Witnesses  except  officers 
and  jurors  attending  before  any  police  magistrate  in  any  suit  or  action 
for  any  fine  or  penalty  arising  under  the  ordinances  of  the  city,  shall, 
in  case  judgment  is  obtained  against  the  offender  and  collected  from 
him,  be  entitled  to  the  same  fees  as  in  like  cases  before  justices  of  the 
peace.  But  no  costs  of  any  kind  shall  be  taxed  against  or  collected 
of  the  city.  [R.  O.  1876.] 

Malicious  Suits — Costs  Against  Prosecutor.]  § 27.  The 
city  attorney  shall  not  be  compelled  to  bring  or  prosecute  any  suit  in 
any  case  where  he  and  the  court  may  be  satisfied  that  the  complaint  is 
instituted  maliciously  or  vexatiously,  and  without  any  probable  cause, 
and  that  the  interests  of  the  public  or  of  the  city  will  not  be  subserved 
thereby.  And  if  any  person  charged  with  any  offense  shall,  upon  his 
trial  therefor,  be  acquitted,  and  it  shall  satisfactorily  appear  to  the 
court  that  the  complaint  or  prosecution  was  instituted  maliciously  or 
vexatiously  and  without  probable  cause,  judgment  may  be  rendered 
against  the  complainant  or  prosecutor  for  the  costs  arising  in  the  case, 
and  execution  issued  for  the  collection  of  the  same.  [R.  O.  1876.] 

Committment — Labor  by  Prisoners,  etc.]  § 28.  Any 
person  upon  whom  any  fine  or  penalty  shall  be  imposed,  may,  upon 
the  order  of  the  court  or  magistrate  before  whom  the  conviction  is 
had,  be  committed  to  the  county  jail,  calaboose  or  city  prison,  until 
such  fine,  penalty  and  costs  shall  be  fully  paid  : Provided , that  no 
such  imprisonment  shall  exceed  six  months  for  any  one  offense. 
Every  person  so  committed,  shall  work  for  the  city  under  the  direction 
of  the  police,  upon  the  streets  or  alleys  thereof,  or  at  such  other  labor 
or  employment  as  may  be  provided  by  the  city  council,  within  or 
without  such  prison,  such  labor  suitable  to  the  health  or  strength  of 
such  person,  and  not  to  exceed  ten  hours  each  working  day:  for  such 
work  the  person  so  employed,  or  worked,  shall  be  allowed  two  dollars 
per  day,  exclusive  of  his  or  her  board,  which  sum  shall  be  credited 
upon  the  fine  and  costs. 


106 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


Refusing  to  Labor.]  § 29.  Any  person  so  committed  who 
shall  refuse  to  labor,  or  who  shall  conduct  himself  in  a riotous  man- 
ner, or  shall  refuse  to  obey  the  orders  of  the  officer  of  the  city  having 
him  in  charge,  or  shall  resist  him  or  attempt  to  escape,  shall  not  be 
entitled  to  any  credit  on  his  fine,  and  may  be  re-committed  to  the 
county  jail,  or  other  place  of  confinement,  until  he  shall  consent  to 
labor.  [R.  O.  1876.] 

Discharge  of  Prisoners.]  § 30.]  Any  person  committed, 
may,  at  any  time,  pay  the  amount  of  the  execution  and  costs,  and 
upon  the  payment  being  made,  or  upon  his  working  out  the  amount 
of  the  fine  and  costs  against  him,  or  otherwise  being  entitled  to  his 
discharge,  the  marshal,  or  other  officer  having  him  in  custody,  shall, 
if  required,  give  him  a written  discharge  and  set  him  at?  libertv. 
[R.  O.  1876.] 

Report  of  Labor  Performed.]  § 31.  The  marshal  or  other 
officer  having  any  person  in  his  custody  for  labor  as  herein  provided, 
shall,  from  time  to  time,  report  to  the  city  council  in  writing,  the 
names,  the  amount  of  the  fine,  and  the  number  of  days  worked. 

Payment  of  Fines  into  Treasury — Magistrate’s  Report.] 
§ 32.  Any  police  magistrate  or  other  officer  collecting  fines  or 
moneys  on  account  of  the  city,  shall  pay  the  same  into  the  city  treas- 
ury as  fast  as  collected.  The  police  magistrate  before  whom  any  suit 
or  suits  may  be  brought  in  the  name  of  the  city  for  the  recovery  of 
any  fines  or  penalties,  shall,  quarterly,  on  the  first  Thursday  of  March, 
June,  September  and  December  in  each  year,  report  to  the  city 
council  a list  of  all  suits  brought  in  the  name  of  the  city  since  his  last 
report,  with  the  disposition  made  of  each  case,  the  amount  of  the  fine 
imposed,  if  any,  the  name  of  the  officer  charged  with  the  collection 
of  the  same,  by  whom,  and  the  amount  collected;  also  the  amount 
collected  since  his  last  report  upon  any  judgment,  for  any  fine 
rendered  prior  to  such  report.  If  any  police  magistrate  shall  neglect 
or  refuse  to  hold  a police  court  at  any  reasonable  time  when  required, 
or  shall  neglect  or  refuse  to  pay  over  any  moneys  collected  by  him, 
or  make  his  quarterly  report  as  herein  required,  the  city  council  may 
order  all  suits  in  the  name  of  the  city  for  the  recovery  of  any  fine  or 
penalty  to  be  brought  before  some  other  police  magistrate  or  justice 
of  the  peace  who  shall  agree  to  comply  with  the  requirements  hereof, 
and  before  whom  all  suits  in  the  name  of  the  city  for  the  recovery  of 
any  fine,  forfeiture  or  penalty  shall  be  brought.  If  any  police  mag- 
istrate or  other  officer  shall  neglect  or  refuse  to  pay  over  any  fine,  or 
any  moneys  collected  by  him  on  account  of  the  city,  legal  proceed- 
ings may  be  commenced  at  any  time  to  compel  such  payment.  [R. 
O.  1876.] 

Falsely  Representing  to  be  an  Officer — Penalty.]  § 33. 
Whoever  shall  falsely  represent  himself  to  be  an  officer  of  this  city. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


107 


or  shall,  without  authority,  exercise  or  attempt  to  exercise  any  of  the 
powers,  duties  or  functions  of  any  city  officer,  shall  be  subject  to  a 
penalty  of  not  less  than  ten  dollars,  and  not  exceeding  one  hundred 
dollars  for  each  offense.  [R.  O.  1876.] 

Resisting  an  Officer.]  § 34.  Whoever  shall  willfully  hin- 
der, delay,  resist  or  obstruct  any  city  officer,  or  any  person  legally 
authorized  by  him,  in  the  discharge  of  his  duty,  or  shall  aid,  abet,  or 
encourage  any  such  hindering,  delaying,  resisting  or  obstructing,  or 
shall  neglect  or  refuse  to  obey  any  lawful  order  or  directions  of  any 
such  officer,  shall  be  subject  to  a penalty  of  not  less  than  five  dollars, 
and  not  exceeding  one  hundred  dollars  for  each  offense.  [R.  O. 
1876.] 

Rescuing  Prisoners,  etc.]  § 35.  Whoever  shall  rescue  or  attempt 
to  rescue,  or  shall  abet  or  encourage  the  rescue  or  escape  of  any  person 
from  the  custody  of  any  officer,  or  other  person  legally  having  him  in 
charge  ; or  shall  molest  or  interfere  with  any  officer  or  other  person 
so  legally  having  any  person  in  custody ; or  shall  aid,  abet  or  encour- 
age the  rescuse  or  escape,  or  the  attempt  to  escape,  from  any  prison 
of  any  person  legally  committed  thereto,  or  shall  supply  or  attempt 
to  supply  any  such  person  with  any  weapon,  or  with  any  implement 
or  means  of  escape,  or  for  attempt  to  escape,  or  with  any  intoxicating 
liquors,  shall,  in  each  case,  be  subject  to  a penalty  of  not  less  than 
twenty-five  dollars,  and  not  exceeding  one  hundred  dollars  for  each 
offense.  [R.  O.  1876.] 

Re- arrest  of  Escaped  Prisoners.]  § 36.  Whenever  any 
person  who  shall  escape  from  any  prison  or  place  of  confinement  to 
which  he  has  been  legally  committed,  or  shall  escape  from  any  officer 
or  other  person  having  him  in  custody,  it  shall  be  the  duty  of  the 
marshal  and  all  police  officers  to  re-arrest,  without  process,  the  party 
so  escaping  whenever  he  may  be  found,  and  re-commit  him  to  prison 
or  deliver  him  into  the  custody  of  the  officer  or  person  from  whom  he 
escaped.  [R.  O.  1876.] 

Posse;  Comitatus.]  § 37.  Any  police  officer  may  call  upon 
any  male  person  above  the  age  of  eighteen  years,  to  aid  him  in  the 
arrest,  retaking  or  custody  of  any  person  having  committed  any  un- 
lawful act,  or  to  aid  in  preventing  the  commission  of  any  unlawful  act, 
and  whoever  shall  neglect  or  refuse  to  give  such  aid  and  assistance 
when  so  required,  shall  be  subject  to  a penalty  of  not  less  than  five 
dollars,  and  not  exceeding  one  hundred  dollars,  for  each  offense. 
[R.  O.  1876.] 

Uniforms  of  Police.]  § 38.  The  committee  on  police  of  the 
city  council  shall  make  suitable  regulations  under  which  the  police- 
men of  the  city  shall  be  required  to  wear  any  appropriate  uniform  and 
badge,  subject  to  the  approval  of  the  city  council. 


108 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


CHAPTER  XXVI. 


RAILROADS. 


Section. 


Section. 


1.  Speed  of  cars. 

2.  Cars  obstructing  street. 

3.  Locomotive  whistle. 

4.  Railroad  crossings. — bridges. 


6.  City  may  build  crossings,  etc. 

7.  Flagmen,  Bars,  gates,  etc. 

8.  Lights  on  cars  at  night. 

9.  Penalty. 


5.  Neglect  to  build  after  notice. 

Speed  of  Cars,  etc.]  § 1.  No  railway  company,  railroad 
engineer,  railroad  conductor  or  other  person,  shall  run  any  locomo- 
tive, freight  or  passenger  car,  or  any  train  of  cars  upon,  or  along,  any 
railroad  track,  side-track  or  switch,  within  the  corporate  limits  of  the 
city  of  Danville,  at  a greater  rate  of  speed  than  ten  miles  an  hour. 

Cars  Obstructing  Street  ] § 2.  No  railway  company, 

railroad  engineer,  train  conductor,  or  other  person,  shall  cause  or 
allow  any  locomotive,  car  or  cars,  or  train  of  cars,  to  stop  in  or  re- 
main upon  any  street  or  railroad  crossing  within  said  city  for  a longer 
period  than  five  minutes  : Provided , however , it  shall  be  lawful  for  a 

train  of  cars  to  remain  across  said  streets,  if  the  same  shall  be  un- 
coupled, cut  or  separated  in  such  manner  as  to  allow  free  and  safe 
passage  over  such  crossing  for  teams  and  foot  passengers. 

Locomotive  Whistles.]  § 3.  No  railway  company,  locomo- 
tive engineer,  or  fireman,  shall  cause  or  allow  the  whistle  of  any 
locomotive  engine  to  be  sounded  within  the  corporate  limits  of  the 
said  city,  except  necessary  brake-signals,  and  such  as  may  be  absolutely 
necessary  to  prevent  injury  to  persons,  or  other  casualty  or  accident. 

Railroad  Crossings  and  Bridges.]  § 4.  All  railroad  com- 
panies whose  tracks  now,  or  may  hereafter  enter,  or  pass  through  the 
corporate  limits  of  the  city,  shall  respectively  construct,  repair,  and 
maintain  good,  safe  and  sufficient  culverts,  crossings  and  bridges,  with 
good  and  easy  approaches  thereto,  on  all  public  alleys,  streets  and 
highways,  where  their  respective  tracks  pass  under,  across  or  over  any 
alley,  street  or  highway,  within  said  city. 

Neglect  after  Notice — Penalty.]  § 5.  Whenever  any 
crossing,  culvert  or  bridge,  shall  be  needed  upon  the  line  of  any  rail- 
road, within  the  city,  or  shall  need  repairing,  it  shall  be  the  duty  of 
the  mayor  to  give  such  company  thirty  days  notice,  in  writing,  of  the 
work  to  be  done,  and  the  place  where  required,  and  any  railroad 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


109 


company  neglecting  or  refusing  to  construct  or  repair  any  crossing, 
culvert  or  bridge,  after  having  received  thirty  days  notice  so  to  do, 
shall  be  fined  not  less  than  five  dollars,  nor  more  than  fifty  dollars, 
for  each  day  of  said  neglect  or  refusal. 

City  May  Build  Crossing  and  Recover  Cost.]  § 6.  In 
case  of  the  failure  or  refusal  of  any  railroad  company  to  construct  or 
repair  any  crossing,  culvert  or  bridge,  when  duly  notified  by  the 
mayor,  so  to  do,  as  provided  in  section  five  hereof,  the  city  council 
may  order  such  crossing,  culvert  or  bridge  to  be  constructed  or 
repaired,  as  may  be  needed,  at  the  expense  of  the  city,  and  such  com- 
pany shall  be  liable  to  the  city,  in  an  action  of  debt,  for  the  cost 
thereof. 

Flagmen,  Bars,  Gates,  etc.]  § 7.  All  railroad  companies, 
corporations  or  persons,  operating  any  line  of  railway,  whose  track  or 
tracks,  cross  any  of  the  following  named  streets  in  said  city : Main, 

Vermilion,  North,  or  South  streets,  and  at  all  other  street  crossings, 
when  they  shall  be  required  so  to  do,  by  resolution  of  the  city  council, 
shall  station,  keep  and  maintain,  at  their  own  expense,  at  each  of  said 
street  and  railroad  crossings,  a reliable  and  competent  flagman,  whose 
duty  it  shall  be  to  signal  persons  traveling  in  the  direction  of  any  of 
said  crossings,  and  warn  them  of  the  approach  of  any  locomotive,  car, 
train  of  cars,  or  other  impending  danger.  In  addition  thereto,  when- 
ever the  city  council  shall  deem  it  necessary  to  require  any  railroad 
company,  corporation,  or  persons,  operating  any  line  of  railway  as 
aforesaid,  to  provide  further  protection  against  injury  to  persons  and 
property  at  any  such  railroad  crossing,  in  said  city,  said  city  council 
may  by  resolution,  so  declare  and  direct  that  any  such  railroad  com- 
pany shall,  within  a certain  time,  to  be  fixed  in  said  resolution,  erect, 
construct  and  maintain  a sufficient  gate  or  gates,  or  other  efficient 
protection  at  such  crossing.  Within  ten  days  after  the  passage  of  said 
resolution,  the  mayor  shall  cause  to  be  served  upon  such  railroad 
company  named  in  such  resolution,  a certified  copy  thereof,  by  leaving 
the  same  with  any  agent,  officer  or  employee  of  said  company.  Any 
railroad  company  required  to  erect  or  construct  any  such  protection 
as  aforesaid,  which  shall  neglect,  fail  or  refuse  so  to  construct  the  same 
within  the  time  specified  in  said  resolution,  shall  be  fined  not  less  than 
fifty  dollars,  and  shall  be  subject  to  a like  penalty  for  each  and  every 
ten  days  after  the  expiration  of  the  time  so  fixed  for  the  construction 
of  such  protection. 

Lights  on  Cars  at  Night.]  § 8.  Every  locomotive  engine, 
railroad  car  or  train  of  cars,  running  in  the  night  time  on  any  railroad 
track  in  said  city,  shall  have  and  keep  while  so  running,  a conspicuous 
light  on  the  forward  end  of  sucb  locomotive,  car  or  train  of  cars.  If 
such  engine,  car  or  train  of  cars,  be  backing,  it  shall  have  a conspicuous 
light  in  the  rear  car  or  engine,  so  as  to  show  in  the  direction  said  car 
is  moving. 


110 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


Penalty.]  § 9.  Any  railroad  company  or  railroad  corporation 
who  shall  of  themselves,  or  by  their  agents  or  employees,  violate  or 
fail  to  observe  any  of  the  foregoing  provisions  of  this  chapter,  or  any 
agent,  engineer,  conductor,  or  other  employee  of  any  such  railroad 
company  or  corporation,  who  shall  violate  or  fail  to  observe  the  same, 
shall,  for  each  violation,  or  failure  to  observe  the  same  where  no  other 
penalty  is  imposed,  be  fined  in  a sum  not  less  than  three  dollars  nor 
more  than  two  hundred  dollars. 


CHAPTER  XXVII. 


RULES  OF  CITY  COUNCIL. 


Section. 

Section. 

1. 

Meetings  of  council. 

8. 

Police. 

2. 

Standing  committees. 

9- 

Claims. 

3- 

Duties  of  committees. 

10. 

Printing. 

4- 

Streets  and  alleys. 

11. 

Markets. 

5- 

Public  ground  and  buildings. 

12. 

Contracts  not  authorized  by  coun- 

6. 

Fire  and  water. 

cil  forbidden. 

7- 

Finance. 

13- 

Rules  of  council. 

Meetings  of  Council — 

-Regular  and  Special.]  § i.  A 

regular  meeting  of  the  city  council  shall  be  held  on  the  first  Thursday 
evening  of  each  month  during  the  year.  Special  meetings  may  be 
called  by  the  mayor,  or  by  any  three  members  of  the  council  whenever 
in  his  or  their  discretion  it  may  be  deemed  necessary:  in  which  event 
it  shall  be  the  duty  of  the  city  marshal  to  cause  each  member  of  the 
council  to  be  personally  served  with  a notice  of  such  special  meeting, 
or  by  leaving  a copy  thereof  at  his  usual  place  of  business  or  residence. 
Said  notice  shall  state  the  object  of  such  meeting,  and  no  busi- 
ness shall  be  transacted  at  any  special  meeting  except  such  as  is  stated 
in  said  notice. 

Standing  Committees.]  § 2.  It  shall  be  the  duty  of  the 
mayor  at  the  beginning  of  each  year,  for  which  members  of  the  city 
council  are  elected,  to  appoint  the  following  named  standing  commit- 
tees ; the  firrt  named  member  of  each  committee  to  be  the  chairman 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


Ill 


thereof,  and  eadh  committee  to  consist  of  not  less  than  three  mem- 
bers, viz : 

First : Committee  on  Streets  and  Alleys. 

Second : Committee  on  Public  Grounds  and  Buildings. 

Third : Committee  on  Fire  and  Water. 

Fourth:  Committee  on  Finance. 

Fifth  : Committee  on  Police. 

Sixth  : Committee  on  Claims. 

Seventh : Committee  on  Printing. 

Eighth  : Committee  on  Markets. 

Duties  of  Standing  Committees.]  § 3.  It  shall  be  the  duty 
of  the  standing  committees  to  keep  a close  watch  over  the  affairs  of 
their  respective  departments,  and  to  promptly  investigate  and  report 
in  writing  upon  all  matters  referred  to  them  by  the  council,  and  per- 
form such  other  duties  as  may  be  from  time  to  time  assigned  them. 

Streets  and  Alleys.]  § 4.  The  committee  on  streets  and 
alleys  shall  have  charge  of  and  direct  all  improvements  on  public 
thoroughfares ; the  opening,  laying  out,  widening,  extending,  and 
vacating  the  same ; and  all  additions  to  the  city. 

Public  Grounds  and  Buildings.]  § 5.  The  committe  on 
public  grounds  and  buildings  shall  have  charge  of  all  buildings  and 
grounds,  including  the  parks,  belonging  to  or  occupied  by  the  city, 
and  the  preservation,  repair,  and  improvement  of  the  same ; and  shall 
also  have  charge  of  all  public  cemeteries. 

Fire  and  Water.]  § 6.  The  committee  on  fire  and  water 
shall  have  general  supervision  over  the  fire  department,  water  supply 
of  the  city ; and  all  improvements  and  machinery  belonging  thereto  ; 
and  all  matters  pertaining  to  water  works. 

Finance.]  § 7.  The  committee  on  finance  shall  have  charge 
of  all  matters  pertaining  to  the  financial  condition  of  the  city;  audit 
and  examine  the  treasurer’s  reports ; receive  estimates  from  the  other 
committees  for  annual  appropriations,  and  prepare  and  present  the 
annual  appropriation  bill,  and  shall  report  to  the  council  at  each  reg- 
ular meeting  thereof,  the  amount  of  expenditures  made  in  each 
regular  meeting  thereof,  the  amount  of  expenditures  made  in  each 
department  of  appropriations,  and  the  balance  unexpended. 

Police.]  § 8.  The  committee  on  police  shall  have  charge  of 
all  matters  pertaining  to  the  peace  and  good  order  of  the  city,  and  the 
general  supervision  and  direction  of  all  police  officers,  prisons,  and 
work-houses,  of  the  cleansing  of  the  city,  the  removal  and  abatement 
of  all  nuisances,  and  the  lighting  of  streets  and  public  buildings. 

Claims.]  § 9.  The  committee  on  claims  shall  investigate  and 
examine  all  claims  against  the  said  city  which  may  be  referred  to  them, 


112 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


and  report  the  same  back  to  the  council,  with  their  recommendations 
indorsed  thereon  in  writing,  signed  by  at  least  two  of  the  committee. 

Printing.]  § io.  The  committee  on  printing  shall  have  charge 
of  all  matters  pertaining  to  printing,  and  the  furnishing  of  stationary 
and  blanks  to  the  different  officers  and  departments  of  the  city, 
and  the  making  of  contracts  pertaining  to  the  same. 

Markets.]  § n.  The  committee  on  markets  shall  have  charge 
of  all  public  and  private  scales,  weights  and  measures;  the  vending  of 
all  commodities  in  the  streets  of  the  city ; the  weighing  of  coal,  and 
the  measurement  of  wood  and  lumber;  and  shall  have  charge  of  all 
matters  pertaining  to  markets. 

No  Officer  or  Committee  to  Make  Contracts.]  § 12. 
No  committee  of  the  city  council,  nor  any  member  of  said  council,  or 
other  officer  of  said  city,  shall  expend  or  contract  for  the  expenditure 
of  any  moneys  belonging  to  the  city,  or  incur  any  liability  on  the  part 
of  the  city,  for  the  improvement  of  any  street,  sidewalk,  alley,  build- 
ing or  other  property  belonging  to  or  under  the  control  of  said  city, 
unless  authorized  so  to  do  by  ordinance,  or  resolution  of  city  council. 

Rules  of  City  Council.]  § 13.  The  following  rules  for  the 
government  of  the  deliberations  of  the  council  are  hereby 
adopted,  viz : 

I.  The  order  of  business  at  all  regular  meetings  of  the  council, 
shall  be  as  follows  : 

1.  Reading  of  minutes  of  preceding,  regular  and  special 

meetings. 

2.  Reports  of  standing  committees. 

3.  Reports  of  special  committees. 

4.  Reports  of  officers. 

5.  Petitions  and  communications  to  the  council. 

6.  Presentation  of  claims  and  accounts. 

7.  Unfinished  business. 

8.  Miscellaneous  business. 

II.  The  mayor  shall  preserve  order  and  decorum,  and  shall 
decide  all  questions  of  order  subject  to  an  appeal  to  the  council. 
Appeals  to  the  council  shall  be  decided  without  debate. 

III.  No  member  shall  speak  more  than  twice  upon  any  question, 
nor  more  than  ten  minutes  at  one  time,  except  by  permission  of  the 
council. 

IV.  Any  member  called  to  order  shall  immediately  take  his  seat, 
until  the  point  of  order  is  decided. 

V.  While  any  member  is  speaking,  no  member  shall  engage  in 
conversation  with  others,  or  pass  between  the  speaker  and  the  mayor. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


113 


VI.  Any  member  indulging  in  personalities,  or  reflections  inju- 
rious to  the  feelings  of  any  other  member,  or  the  harmony  of  the 
council,  shall  be  called  to  order  by  the  mayor. 

VII.  All  petitions  and  other  communications  to  the  council  shall 
be  in  writing. 

VIII.  When  a question  is  stated,  every  member  present  shall 
vote,  unless  excused  by  the  council,  or  unless  directly  interested  in 
the  question,  in  which  case  he  shall  not  vote. 

IX.  No  motion  shall  be  entertained  unless  seconded;  when 
seconded,  it  thall  be  stated  by  the  mayor,  and  if  any  member  requires 
it,  reduced  to  writing. 

X.  When  a motion  or  resolution  has  been  stated  by  the  mayor, 
it  shall  be  deemed  to  be  in  possession  of  the  council,  but  may  be 
withdrawn  at  any  time  before  a decision  or  amendment,  by  consent  of 
the  council. 

XI.  If  a question  under  consideration  contains  more  than  one 
distinct  proposition,  it  may  be  divided  on  the  request  of  any  member. 

XII.  When  a blank  is  to  be  filled  and  different  sums  or  times 
proposed,  the  question  shall  first  be  put  upon  the  largest  sum,  or  the 
longest  time. 

XIII.  When  a question  is  under  debate,  no  motion  shall  be  re- 
ceived, unless  for  the  previous  question,  to  refer,  to  postpone  indefinite- 
ly, to  adjourn  to  a certain  day,  to  lay  on  the  table,  to  amend,  or  to 
adjourn  the  council. 

XIV.  A motion  for  the  “ previous  question,”  to  lay  the  question 
on  the  table,  or  to  commit  it,  until  decided,  shall  preclude  all  amend- 
ment or  debate  of  the  main  question;  and  a motion  to  postpone  a ques- 
tion indefinitely,  or  to  adjourn  to  a certain  day,  shall,  until  it  is 
decided,  preclude  all  amendment  to  the  main  question. 

XV.  The  “previous  question  ” shall  be  put  as  follows  : “Shall 

the  main  question  be  now  put?” 

XVI.  A motion  to  adjourn  shall  always  be  in  order,  and  shall 
be  decided  without  debate. 

XVII.  In  all  cases  the  name  of  a member  offering  a resolution 

or  motion,  shall  be  entered  with  it,  upon  the  journal.  + 

XVIII.  The  yeas  and  nays  shall  be  taken  on  the  passage  of  every 
ordinance,  and  on  all  propositions  to  create  any  liability  against  the 
city,  or  for  the  expenditure  or  appropriation  of  its  money,  and  be 
entered  upon  the  journal ; and  if  any  member  require  it,  upon  any 
question  before  the  council,  but  shall  not  be  taken  unless  called  for 
previous  to  the  taking  of  the  vote. 

XIX.  No  ordinance  shall  be  repealed  or  passed,  or  contract  or 
appropriation  made,  unless  by  a vote  of  a majority  of  the  board. 

XX.  Committees  to  whom  any  subject  may  be  referred,  shall 


114 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


report  in  writing,  addressed  to  the  city  council  of  the  city  of  Danville, 
and  the  reports  shall  be  filed  away  and  preserved  by  the  clerk. 

XXL  Any  report  of  a committee  of  the  council  shall  be  deferred, 
for  final  action  thereon,  to  the  next  regular  meeting  of  the  same  after 
the  report  is  made,  upon  the  request  of  any  two  aldermen  present. 
[See  Sec.  15,  Article  III,  Act  of  Incorporation.] 

XXII.  The  city  clerk  shall  forward  all  papers  to  the  appropriate 
committees  and  officers,  as  early  as  the  next  day,  after  the  reference 
shall  be  made,  by  the  city  marshal,  who  shall  deliver  them. 

XXIII.  No  petition  for  the  remission  of  a fine  under  any  ordi- 
nance of  the  city,  shall  be  granted  without  a vote  of  two-thirds  of 
the  council,  or  without  said  petition  is  signed  by  the  police  magistrate, 
or  the  jury  imposing  the  fine,  or  the  city  attorney. 

XXIV.  Every  proposition  involving  the  expenditure  of  money, 
shall  be  referred  to  an  appropriate  standing  committee,  and  a report 
thereon  made  to  the  council  by  said  committee  before  the  council 
vote  upon  the  expenditure. 

XXV.  On  all  points  of  order  not  herein  specially  provided  for, 
Cushing’s  Manual  of  Parliamentary  practice  is  adopted,  and  made  the 
law  governing  the  deliberations  of  said  council. 

XXVI.  The  foregoing  rules,  or  any  of  them,  shall  not  be  re- 
pealed or  annulled,  amended,  abridged,  modified,  or  suspended, 
except  by  a vote  of  the  majority  of  the  council. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


115 


CHAPTER  XXIII. 


SUPPLIES. 


Section. 


Section. 


1.  Supplies. 

2.  Requisition  for  supplies. 

3.  Who  shall  purchase — order — bill. 


4.  Claims  for  goods  not  ordered. 

5.  Bill — what  to  contain. 

6.  Board  of  prisoners. 


Supplies  to  be  Purchased  on  Contracts.]  § 1.  All  sup- 
plies or  materials  for  the  city  of  Danville  shall,  when  practicable,  be 
purchased  on  time  contracts,  the  same  to  be  let  upon  advertisement  to 
the  lowest  and  best  bidder,  as  the  city  council  may  determine.  The 
committee  in  charge  of  the  different  departments,  shall,  so  far  as 
possible,  prepare  estimates  and  specifications  for  such  supplies.  No 
time  contracts  to  furnish  supplies  or  materials  shall  cover  a longer 
period  than  the  municipal  year. 

Requisition  for  Supplies.]  § 2.  Any  officer  or  person  hav- 
ing charge  of  any  department  of  the  city  government  shall,  whenever 
any  supplies  or  materials  are  needed  in  his  department,  for  the  furn- 
ishing of  which  the  city  does  not  hold  a contract,  make  out  and 
present  to  the  city  council  in  session,  a written  requisition,  setting 
forth  the  article  or  articles  needed,  and  the  price  thereof,  if  known. 

Who  Shall  Purchase — Order — Bill.]  § 3.  The  council 
shall,  at  the  time  of  ordering  the  purchase  of  any  supplies,  designate 
who  is  authorized  to  make  the  purchase ; and  every  officer  or  person 
ordering  any  article  from  a distance  for  the  city,  shall  file  with  the 
city  clerk  a copy  of  the  order  sent  by  him,  and  also  the  bill  of  the 
article  so  ordered,  as  soon  as  the  same  is  received. 

Claims  for  Goods  not  Ordered.]  § 4.  No  account  or 
claim  for  any  article  furnished  the  city  snail  be  allowed  unless  such 
article  was  ordered  to  be  purchased  by  the  council,  or  unless  the  pur- 
chase thereof  was  the  result  of  an  emergency  which  could  not  reason- 
ably have  been  forseen  in  time  to  present  a requisition  to  the  council. 

Bill — what  to  contain — Certificate.]  § 5.  Every  bill 
presented  to  the  city  council  for  allowance  shall  contain  an  itemized 
statement  of  the  articles  for  which  payment  is  asked ; and  shall  be 
certified  to  by  the  officer  under  whom  the  liability  was  incurred. 

Board  of  Prisoners.]  § 6.  The  city  council  shall,  at  the 
beginning  of  each  municipal  year,  make  a contract  with  some  respon- 
sible party,  for  the  feeding  of  any  and  all  prisoners  confined  in  the 
city  calaboose  or  prison. 


116 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


CHAPTER  XXIX. 

SEAL. 

Section.  Section. 

2.  City  clerk  to  prepare  commissions, 
I.  Shape — words  on.  affix  corporate  seal ; copies  of 

record  to  be  certified  under  seal; 
seal  not  binding  on  the  city. 

Shape;  Words  on.]  § i.  The  corporate  seal  of  the  city  of 
Danville  shall  be  of  circular  shape,  with  the  words,  “Corporate 
Seal  of  the  City  of  Danville,  Illinois,  1867,”  engraved  on  the 
face  thereof. 

City  Clerk  to  Prepare  Commissions,  etc.]  § 2.  The 
city  clerk  shall  prepare  all  commissions  or  other  official  documents 
required  to  be  issued,  and  affix  the  corporate  seal  thereto,  and  attest 
or  countersign  the  same.  He  shall  affix  the  corporate  seal  to  all 
official  acts  of  the  mayor  requiring  it,  and  if  necessary,  attest  or 
countersign  the  same.  He  shall  certify,  under  the  corporate  seal, 
copies  of  all  records,  documents  or  papers  in  his  office,  when  required 
by  any  officer  or  other  person.  But  in  no  case  shall  the  impression 
of  the  corporate  seal  be  binding  upon  the  city,  unless  it  be  authorized 
by  the  charter  or  ordinances  of  the  city,  and  is  attested  by  the  signa- 
ture of  the  city  clerk. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


117 


CHAPTER  XXX. 

SIDEWALKS. 


Section.  Section. 


I. 

Width  of  sidewalks. 

13- 

Using  sidewalk  for  area  without  per- 

2. 

Grades  for  sidewalks. 

mit. 

3- 

Laying  walks  contrary  to  grade. 

14. 

Entrance  to  area  ways,  openings,  etc. 

4- 

Pavements  to  be  uniform  in  width 

IS- 

Coal  holes. 

and  in  line. 

16. 

Hitching  posts  — rings. 

5- 

Pavements  out  of  line. 

17- 

Awning. 

6. 

Sidewalks  out  of  line  or  grade — a 

18. 

Merchandise,  signs,  on  sidewalks. 

nuisance. 

19. 

Signs  to  be  securely  supported. 

7* 

Old  and  unsafe  sidewalks. — a nui- 

20. 

Creaking  signs  a nuisance. 
Goods  on  sidewalks. 

sance. 

21. 

8. 

Pavements  to  be  of  brick  or  stone. 

22. 

Driving  animals,  etc.,  on  sidewalks. 

9- 

City  engineer  superintendent  of 

23- 

Water  running  over  sidewalks. 

sidewalks. 

24. 

Hitching  teams  so  as  to  obstruct. 

lo. 

Private  drains  across  sidewalks. 

25- 

Gates. 

11. 

Cellarways,  etc.,  in  sidewalks  for- 

26. 

Other  obstructions. 

bidden. 

27. 

Crowds  obstructing  sidewalks. 

12. 

Cellars  or  areas  under  sidewalks. 

28. 

Removal  of  obstructions. 

Width  of  Sidewalks.]  i.  The  width  of  sidewalks  in  the 
said  city  of  Danville  shall  be  as  follows,  that  is  to  say : Sidewalks 
which  are  or  may  be  parts  of  streets  five  rods  wide,  shall  be  twelve 
feet  in  width;  sidewalks  which  are  or  may  be  parts  of  streets  four 
rods  wide,  shall  be  ten  feet  in  width ; and  sidewalks  which  are  or 
may  be  parts  of  streets  three  rods  wide,  shall  be  eight  feet  in  width. 
In  streets  less  than  three  rods  wide,  the  sidewalk  shall  be  six  feet 
wide.  This  section  shall  be  construed  to  apply  to  the  sidewalk  ex- 
tending from  the  line  of  the  curb  to  the  line  of  the  abutting  property, 
and  not  to  the  pavement  on  the  sidewalk  proper. 

Grades  for  Sidewalks.]  § 2.  All  sidewalks  or  pavements 
shall  be  laid,  or  constructed  to  the  grade  established  by  the  city 
therefor;  where  no  grade  has  been  established,  the  sidewalk,  or  pave- 
ment shall  be  laid  or  constructed  to  such  grade  as  may  be  fixed  by 
the  city  engineer.  All  persons  desiring  to  build  a sidewalk  or  lay  a 
pavement  in  front  of  their  premises  shall  first  apply  to  the  city 
engineer  for  the  grade  for  the  same ; and  it  is  hereby  made  the  duty 
of  such  city  engineer  to  designate  by  proper  lines  and  stakes,  for  all 
persons  desiring  to  build  sidewalks,  or  lay  pavements,  the  grade 
established  for  such  street  or  sidewalk,  and  if  there  be  no  such  grade 
established  by  the  city  council,  then  he  shall  designate  and  affix  a 
temporary  grade  for  the  purpose  aforesaid. 


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ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


Laying  Walks  Contrary  to  Grade.]  § 3.  If  any  person 
shall  build  or  assist  in  building  any  pavement,  or  sidewalk  where  no 
grade  has  been  established,  without  first  obtaining  a grade  therefor 
from  the  city  engineer,  or  contrary  to  any  grade  which  may  be  fixed 
by  said  engineer,  or  shall  build  or  assist  in  building  any  pavement 
or  sidewalk  contrary  to  any  grade  which  may  have  been  or  may  be 
established  by  the  city  council,  or  contrary  to  any  of  the  provisions 
of  this  chapter,  or  contrary  to  any  ordinance  hereafter  passed  pro- 
viding for  any  pavement  or  walk,  he  shall,  in  either  case  be  subject 
to  a penalty  of  five  dollars  for  each  offense,  and  to  a penalty  of  one 
dollar  for  each  day  he  shall  fail  to  remove  or  reconstruct  the  same 
after  notice  from  the  city  engineer  or  other  officer  of  the  city  to  move 
or  reconstruct  the  same. 

PavEx\ients  to  be  Uniform  in  Width  and  in  Line.]  § 4. 
All  pavements  and  sidewalks  hereafter  laid  or  constructed  in  this  city 
upon  any  one  side  of  any  street,  shall  be  laid  and  constructed  of 
uniform  width,  and  in  a uniform  line,  the  whole  length  of  such  side 
of  the  street.  Any  person  desiring  to  build  a sidewalk  or  pavement 
in  front  of  his  premises,  where  there  is  no  ordinance  locating  and 
fixing  the  line  of  the  same,  shall  apply  to  the  city  engineer  for  the 
proper  location  and  line  of  such  sidewalk  or  pavement,  and  it  shall 
be  the  duty  of  such  engineer  upon  such  application,  to  locate  for  such 
person  such  proposed  pavement  or  sidewalk. 

Pavements  out  of  Line.]  § 5.  If  any  person  shall  build 
or  assist  in  building  any  pavement  or  sidewalk,  and  shall  build  or 
locate  the  same  over  or  out  of  line,  or  beyond  the  width  as  fixed  by 
any  ordinance  heretofore  or  hereafter  passed  providing  for  such  walk 
or  pavement,  or  as  fixed  by  the  city  engineer,  he  shall  in  either  case, 
be  subject  to  a penalty  of  five  dollars,  and  to  a penalty  of  one  dollar 
for  every  day  he  shall  fail  to  remove  or  re-lay  the  same  after  notice  so 
to  do,  given  him  by  the  city  engineer,  or  other  officer  of  the  city.  , 

Sidewalks  out  of  Line  or  Grade— A Nuisance.]  § 6. 
Any  sidewalk  or  pavement  that  may  be  hereafter  laid  or  constructed, 
which  shall  be  constructed  contrary  to  any  grade  established  by  the 
city  council,  or  contrary  to  any  grade  fixed  by  the  city  engineer,  or 
which  shall  be  constructed  or  located  contrary  to  the  lines  or  width 
prescribed  therefor  by  any  ordinance  of  the  city,  or  contrary  to  the 
line  or  width  prescribed  therefor  by  the  city  engineer,  are  hereby 
declared  to  be  a nuisance,  and  the  said  city  engineer  is  hereby  author- 
ized to  remove  or  take  up  the  same. 

Old  and  Unsafe  Sidewalks — A Nuisance.]  § 7.  When- 
ever any  sidewalk  shall  become  dilapidated,  and  out  of  repair  to  such 
an  extent,  as  to  be  dangerous  or  unsafe  for  the  passage  of  persons 
walking  over  the  same,  and  to  such  an  extent  that  the  same  cannot 
be  economically  repaired,  then  such  sidewalk  shall  be  considered  a 


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ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


nuisance,  and  it  shall  be  the  duty  of  the  city  engineer  to  take  up  or 
remove  the  same. 

Pavements  to  be  of  Brick  or  Stone.]  § 8.  All  sidewalks 
or  pavements  hereafter  laid  or  constructed  in  said  city,  shall  be  made 
of  good,  sound  stone,  brick  or  such  other  material  as  may  be  pre- 
scribed by  ordinance  or  approved  by  the  city  council.  Any  person 
who  shall  lay,  re-lay,  or  construct  any  sidewalk  of  any  material  other 
than  brick  or  stone,  or  such  other  material  as  may  be  prescribed  by 
ordinance,  without  the  consent  of  the  city  council  first  had  and 
obtained,  or  shall  lay  or  construct  such  walk  or  pavement  with  an 
inferior  or  unsuitable  quality  of  brick  or  stone,  shall  be  fined  not  less 
than  five  dollars,  nor  more  than  one  hundred  dollars,  and  such  side- 
walk or  pavement  so  constructed  as  aforesaid  shall  be  deemed  a 
nuisance,  and  may  be  taken  up  or  removed  by  the  city  engineer. 

City  Engineer  Superintendent  of  Sidewalks.]  § 9. 
The  city  engineer  is  hereby  made  the  superintendent  of  all  sidewalks 
or  pavements  in  said  city ; and  it  shall  be  his  duty  to  see  that  all 
new  sidewalks  or  pavements  in  process  of  construction,  or  that  may 
be  hereafter  laid  or  constructed,  are  built  or  constructed  to  an 
established  grade,  or  to  a suitable  and  proper  grade,  where  none  has 
been  established  ; and  that ''such  walks  or  pavements  are  so  built  or 
located  within  the  alignment  and  of  the  width  as  fixed  by  ordi- 
nance, or  as  fixed  by  him  where  the  same  is  not  established  by 
ordinance ; and  that  such  walks  or  pavements  are  constructed  of  the 
material  and  in  the  manner  so  prescribed  by  the  ordinances  of  the 
city ; and  where  any  section  of  this  chapter,  or  any  ordinance  of 
said  city  shall  be  violated  by  any  person  constructing  or  laying  a 
pavement  or  sidewalk,  he  shall  notify  the  mayor  of  such  violation, 
and  upon  the  mayor’s  direction  shall  cause  the  necessary  complaint 
to  be  made  for  the  prosecution  of  all  such  offenders. 

Private  Drains  Across  Sidewalk.]  § 10.  Whenever  any 
owner  or  occupant  of  any  premises  shall  construct  or  maintain  any 
private  drain  across  any  sidewalk,  such  owner  or  occupant  shall  prop- 
erly and  substantially  box  such  private  drain  where  it  crosses  such 
sidewalk,  and  keep  in  repair  the  grade  of  such  sidewalk  where  the 
same  lies  contiguous  to  such  drain  so  boxed  as  aforesaid.  Any  person 
violating  this  section  shall  be  subject  to  a penalty  of  not  less  than 
three  dollars  for  each  offense,  and  shall  also  be  subject  to  a penalty  of 
one  dollar  for  each  day  he  shall  neglect  or  refuse  to  construct  such 
drain,  or  repair  such  grade,  as  required  by  this  section,  after  being 
notified  so  to  do,  by  the  mayor,  city  marshal,  city  engineer  or  any 
police  officer. 

Cellar-ways,  etc.,  in  Sidewalks  Forbidden.]  § 11.  No 
cellar-ways,  window  openings,  or  the  approaches  thereto,  shall  in 
whole  or  in  part  be  built,  erected  or  maintained  in  or  upon  any  side- 


120 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


walk,  street  or  alley  of  said  city,  or  on  any  part  thereof ; and  any 
person  or  persons  who  shall  violate  this  section  shall  be  subject  to  a 
penalty  of  not  less  than  three  dollars,  and  not  exceeding  two  hundred 
dollars,  and  to  a like  penalty  for  each  day  he  may  suffer  or  permit 
such  obstructions  or  encroachments  in  or  upon  the  sidewalks,  streets 
or  alleys  fronting  or  adjoining  his  premises. 

Cellars  and  Areas  Under  Sidewalk.]  § 12.  No  person 
shall  occupy  or  use  for  vaults,  areas,  or  other  purposes  the  space 
beneath  the  sidewalks,  included  within  the  sidewalk  lines  of  any 
street,  unless  a permit  therefor  shall  have  been  obtained  from  the  city 
council;  snch  permits  to  continue  and  to  be  issued  only  upon  the 
condition  that  the  party  receiving  the  same,  his  heirs  and  assigns 
shall,  as  a consideration  for  such  privilege,  always  maintain  and  keep 
in  repair  a good  stone  sidewalk  over  such  space,  and  shall  keep  and 
maintain  such  vault  or  area,  and  the  area  ways  leading  thereto  clean 
and  in  good  condition.  Any  neglect,  failure,  or  refusal  on  the  part 
of  said  party  receiving  such  permit,  or  his  heirs,  assigns,  or  the 
occupant  of  any  such  premises  shall  cause  a forfeiture  of  such  permit, 
and  the  rights  and  privileges  granted  by  such  permit  shall,  upon  the 
order  of  the  city  council,  be  determined  and  annulled. 

Using  Sidewalk  for  Areas  without  Permit.]  § 13. 
Any  owner,  builder,  or  other  person  who  shall  construct  any  such 
vault,  or  area  beneath  any  sidewalk  as  aforesaid,  or  any  part  thereof, 
or  shall  use  or  occupy  the  same  when  constructed,  without  a permit 
first  had  and  obtained  as  provided  in  section  12  of  this  chaper,  or 
where  a permit  has  been  granted  as  aforesaid,  shall  use  or  occupy  the 
same  contrary  to  the  terms  and  conditions  of  such  permit,  or  shall 
use  or  occupy  the  same  after  such  permit  has  been  declared  forfeited 
and  annulled  by  the  city  council  as  aforesaid,  shall  in  either  case,  be 
fined  not  less  than  three  dollars,  and  a like  sum  for  every  twenty-four 
hours  such  occupation  or  use  shall  continue,  without  a further  permit 
from  the  city  council. 

Entrance  to  Area-ways,  Openings,  etc.]  § 14.  Where 
entrances  to  areas  and  basements  are  constructed  outside  the  inner 
line  of  a sidewalk  and  on  the  premises  abutting  thereto,  such  entrances 
stairs  or  steps  shall  be  securely  protected  by  sufficient  iron  railings, 
and  no  open  space  next  to  any  building,  other  than  entrance  ways  to 
areas  and  basements  shall  be  allowed  except  the  same  is  securely 
protected  by  an  iron  railing,  or  covered  with  a suitable  iron  grating. 
Any  person  constructing,  or  maintaining,  any  such  area-way,  opening, 
or  entrance  contrary  to  the  provisions  of  this  section,  either  as  owner 
or  occupant  of  said  premises  shall  be  subject  to  a fine  of  not  less  than 
three  dollars,  nor  more  than  one  hundred  dollars  for  each  offense, 
and  shall  be  further  subject  to  a like  penalty  for  each  twenty-four 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


121 


hours  the  same  is  so  allowed  to  remain  after  being  convicted  of  a 
violation  hereof. 

Coal  Holes.]  § 15.  Every  opening  in  any  vault  or  coal  hole 
or  aperture  in  the  side  walk  over  any  such  coal  hole  or  aperture,  shall 
be  covered  with  a suitable  iron  plate,  with  a rough  surface.  When- 
ever any  such  coal  hole  or  aperture  is  not  covered  as  herein  provided, 
or,  from  any  cause  becomes  unsafe  or  inconvenient  for  public  travel, 
and  the  owner  or  occupant  of  the  adjoining  or  abutting  premises, 
owning  or  controling  such  coal  hole  or  vault,  shall  neglect  or  refuse 
to  remove  such  covering  and  replace  the  same  with  a suitable  one, 
for  the  period  of  five  days,  after  being  notified  by  the  city  engineer 
or  any  other  officer  of  said  city  so  to  do,  then  such  owner  or  occupant 
of  said  abutting  premises  shall  be  fined  not  less  than  three  dollars, 
nor  more  than  one  hundred  dollars  for  each  offense,  and  shall  be 
subject  to  a like  penalty  for  each  day  he  shall  allow  such  coal  hole 
or  aperture  to  remain  in  such  unsafe  or  inconvenient  condition  after 
the  expiration  of  such  five  days  notice. 

Hitching  Posts — Rings.]  § 16.  Any  owner  or  occupant  of 
premises  adjoining  or  abutting  upon  any  sidewalk  upon  Main  street, 
between  the  track  of  the  Wabash,  iSt.  Louis  & Pacific  Railroad,  and 
Franklin  street;  or  upon  Vermilion  street,  between  North  and  South 
streets,  who  shall  construct,  keep  or  maintain  any  hitching  post  or 
rack  upon  the  street  or  said  walk  within  the  aforesaid  limits,  shall  be 
subject  to  a penalty  of  not  less  than  five  dollars,  and  to  a like  penalty 
for  each  day  such  hitching  posts  or  racks  are  allowed  to  remain  within 
the  aforesaid  limits  after  a notice  to  remove  the  same  is  given  said 
owner  or  occupant,  by  the  city  engineer  or  any  police  officer  of  said 
city.  Nothing  in  this  section  shall  be  construed  so  as  to  prevent  any 
person  securely  fastening  in  such  sidewalk,  suitable  iron  rings,  suffi- 
cient for  hitching  purposes. 

Awnings.]  § 17.  All  awnings  in  the  said  city  of  Danville 
shall  be  covered  with  cloth,  leather  or  other  light  and  pliable  sub- 
stance, shall  be  securely  attached  to  the  building  or  buildings  and 
properly  supported  without  posts,  by  iron  or  other  metallic  fastenings 
and  supports,  and  shall  be  elevated  at  least  eight  feet  at  the  lowest 
point  thereof  above  the  sidewalk,  and  shall  not  project  over  the  side- 
^ walk  to  exceed  three  fourths  of  the  width  thereof,  and  no  such  awning 
shall  be  constructed  or  repaired,  either  wholly  or  in  part,  of  wood, 
and  any  person  who  shall  erect  any  awning  contrary  to  the  pro- 
visions hereof,  or  refuse  or  neglect  forthwith  ro  remove  any  awning  or 
awning  posts  heretofore  or  hereafter  erected  contrary  to  the  provisions 
hereof,  shall  be  subject  to  a penalty  of  not  less  than  five  dollars,  and 
not  exceeding  one  hundred  dollars  for  each  offense,  and  to  the  further 
penalty  of  five  dollars  for  every  day  he  shall  fail  to  comply  with  the 
notice  to  remove  the  same  after  the  lapse  of  three  days  from  the  ser- 


122 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


vice  thereof  from  either  the  city  engineer  or  any  officer  of  said  city. 

[Rt  O.  1876.] 

Merchandise,  Signs  on  Sidewalks.]  § 18.  No  clothing, 
goods,  wares,  merchandise,  signs,  boxes,  or  other  article  or  thing 
whatever  shall  be  placed  in  front  of  any  store,  shop,  office  or  other 
place  in  said  city,  on  or  above  the  sidewalk,  or  in  or  upon  any  alley, 
so  as  to  occupy  more  than  three  feet  next  to  the  buildings  or  premises 
on  such  sidewalk  or  alley,  or  of  the  space  above  the  sidewalk  or  alley, 
and  such  articles  or  things  as  may  be  placed  on  the  sidewalk  shall  not 
be  more  than  three  feet  high  above  the  top  of  the  sidewalk,  and  all 
signs,  articles,  or  other  things,  that  may  be  hung  out  or  placed  above 
the  sidewalk,  shall  be  so  placed  or  hung  that  the  lowest  part  of  such 
articles  or  things  shall  be  at  least  seven  feet  and  six  inches  above  the 
top  of  the  sidewalk  and  shall  not  swing  more  than  three  feet  from  the 
building,  nor  shall  any  owner  or  occupant  of  any  lot  or  premises  lease 
the  space  aforesaid,  or  permit  or  allow  the  same  to  be  used  or  occupied 
exept  for  his  or  their  own  business ; nor  shall  said  space  be  ifsed  for 
selling  any  article  or  thing  whatever ; any  person  or  persons  who 
shall  violate  the  provisions  of  this  section  shall  be  liable  to  a pen- 
alty of  five  dollars  for  every  forty-eight  hours  the  same  shall  remain 
after  being  requested  to  remove  the  same  by  the  city  engineer,  or 
other  officer  of  said  city.  [R.  O.  1876.] 

Signs  to  be  Securely  Supported.]  § 19.  All  signs  extend- 
ing over  or  fronting  upon  any  street,  alley  or  sidewalk  in  the  said  city 
of  Danville,  shall  be  securely  fastened  to  their  supports,  and  any  per- 
son or  persons  owning  or  having  the  control  of  any  such  sign  who 
shall  permit  or  suffer  the  same  to  remain  insecurely  fastened  after 
notice  of  the  fact  by  the  -city  marshal  or  any  officer  of  said  city,  shall 
pay  a fine  of  not  less  than  three  dollars,  nor  more  than  one  hundred 
dollars  for  each  day  he  shall  permit  or  suffer  the  same  to  so  remain. 
[R.  O.  1876.] 

Creaking  Signs  a Nuisance.]  § 20.  Whoever  shall  erect, 
or  maintain  a sign  of  any  character,  whether  attached  to  a building,  a 
post,  or  other  support,  and  which  sign  creaks,  or  makes  an  unpleasant 
or  disagreeable  noise,  when  moving  or  swinging  in  the  air,  shall  be 
deemed  guilty  of  a nuisance;  and  upon  his  failure  to  remedy  or  re- 
move such  sign  within  five  days  after  being  notified  so  to  do  by  any 
officer  of  the  city,  shall  be  fined  not  less  than  one  dollar,  nor  more* 
than  ten  dollars,  and  shall  be  subject  to  a like  penalty  for  each  day  he 
permits  such  sign  to  so  remain  after  the  expiration  of  said  five  days. 

Delivering  or  Receiving  Goods  on  Sidewalks.]  § 21. 
No  person  or  persons  receiving  or  delivering  goods,  wares  or  merchan- 
dise in  said  city,  shall  place  or  keep  upon  or  suffer  to  be  placed  or 
kept  upon  any  sidewalk  in  said  city  any  goods,  wares  or  merchandise 
which  he  or  they  may  be  receiving  or  delivering,  without  leaving  a 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


123 


passage  way  clear  upon  each  sidewalk  where  such  goods  may  be,  of 
four  feet  wide,  for  the  use  of  foot  passengers ; and  no  person  or  per- 
sons receiving  or  delivering  such  goods  shall  suffer  the  same  to  be  or 
remain  on  such  sidewalk  (subject,  nevertheless  to  the  forergoing  restrc- 
tions,)  for  a longer  period  than  twelve  hours;  and  any  person  or 
persons  violating  any  of  the  provisions  of  this  section,  shall  forfeit  and 
pay  to  said  city  a sum  of  not  less  than  three  dollars,  nor  more  than 
ten  dollars,  and  shall  be  subject  to  a like  penalty  for  each  hour  the 
said  goods  or  any  part  thereof  shall  remain  as  aforesaid  after  notice 
from  the  city  engineer,  city  marshal  or  policeman,  to  remove  the 
same.  [R.  O.  1876.] 

Driving  Animals  Wagons,  etc.,  on  Sidewalk.]  § 22. 
Whoever  shall  drive,  lead,  ride,  push  or  draw  back  any  horse,  cow, 
or  cattle  of  any  kind,  or  any  wagon,  or  other  vehicle,  over  or  upon 
any  sidewalk,  or  shall  willfully,  or  negligently  permit  any  horse,  or 
cow,  to  walk  on  such  sidewalk,  except  it  be  in  crossing  the  same  to 
go  into  a yard  or  lot,  where  no  other  suitable  crossing  or  means  of 
access  is  provided,  shall  be  fined  not  less  than  one  dollar,  nor  more 
than  ten  dollars  for  each  offense. 

Water  Permitted  to  Run  Over  Sidewalks.]  § 23.  Who- 
ever shall  suffer  or  permit  the  water  falling  or  draining  from  any 
building  owned  by  him  or  under  his  control,  to  spread  over  the  side- 
walk in  front  thereof,  shall  be  subject  to  a penalty  of  one  dollar,  and  to 
a like  penalty  for  each  day  he  shall  not  remedy  the  same  after  notice 
to  do  the  same  by  any  officer  of  said  city.  [R.  O.  1876.] 

Hitching  Teams  so  as  to  Obstruct  Sidewalk.]  § 24. 
Whoever  shall  fasten  or  leave  any  team  or  beast  of  burden  in  such  a 
manner  as  that  the  team,  the  vehicle,  the  animal,  the  harness,  the 
lines,  or  anything  belonging  thereto,  shall  be  an  obstruction  to  the 
sidewalk,  shall  be  subject  to  a penalty  of  not  less  than  one  dollar,  and 
not  exceeding  ten  dollars,  in  each  case.  [R.  O.  1876.] 

Gates  Opening  Over  Street  or  Sidewalk.]  § 25.  All 
gates  opening  upon  any  public  street  shall  be  so  constructed  as  that  no 
part  of  such  gate  shall  swing  over  or  above  the  street  or  sidewalk  upon 
which  it  opens,  unless  such  gate  be  so  constructed  or  hung  as  to  be 
self-shutting;  and  whoever  shall  erect,  keep  or  maintain  any  gate,  in 
violation  of  this  section,  shall  be  deemed  guilty  of  a nuisance,  and  be 
fined  not  exceeding  ten  dollars. 

Obstructions  to  Sidewalks.]  § 26.  The  owner  or  occupant 
of  any  premises  within  said  city,  shall,  at  all  times,  keep  the  sidewalk 
along  such  premises  open,  safe  and  passable  for  foot  passengers,  pass- 
ing over  the  same.  For  each  failure  so  to  do,  or  for  any  obstruction 
or  injury  to  such  sidewalk  not  specially  designated  and  otherwise 
provided  for,  in  this  chapter,  such  owner  or  occupant  shall  be  subject 


124 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


to  a penalty  of  not  less  than  three  dollars,  and  not  more  than  one  hun- 
dred dollars  for  each  offense,  and  to  a like  penalty  of  each  day  such 
violation  shall  continue,  after  being  notified  by  the  city  engineer  or 
any  police  officer  to  remove  such  obstruction  or  repair  such  injury. 

Crowds  Obstructing  Sidewalk.]  § 27.  When  two  or  more 
persons  shall  stand  or  crowd  together,  so  as  to  obstruct  any  sidewalk, 
or  thereby  prevent  the  free  and  unobstructed  passage  of  other  persons 
over  such  sidewalk,  such  persons  so  obstructing  such  walk,  shall  be 
deemed  guilty  of  a nuisance,  and  shall  be  fined  not  less  than  one 
dollar,  nor  more  than  ten  dollars. 

Removal  of  Obstructions.]  § 28.  The  mayor,  aldermen, 
or  any  police  officer,  are  authorized  to  cause  any  obstruction,  en- 
croachment, article  or  thing,  which  may  be  in  violation  of  the  provis- 
ions of  this  chapter,  to  be  removed  within  a reasonable  time  after 
notice  to  remove  the  same  is  served  upon  the  owner,  agent  or  person 
in  possession  of  the  premises,  adjoining  such  walk  where  such  violation 
occurs,  or  in  case  the  owner,  agent  or  person  in  possession  cannot  be 
found,  then  by  posting  such  notice  upon  the  premises  or  sidewalk  in 
front  thereof,  and  the  owner,  agent,  or  party  causing  or  permitting 
such  violation,  shall  pay  all  expenses  and  costs  of  such  removal,  in 
addition  to  the  penalties  aforesaid.  And  any  person  who  shall  wrong- 
fully interfere  in  any  manner,  with  such  removal,  shall  be  fined  not 
less  than  three  dollars,  nor  more  than  two  hundred  dollars. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


125 


CHAPTER  XXXI. 

STREETS  AND  ALLEYS. 


Section, 

1.  Obstructions  to  streets  forbidden. 

2.  Owner  to  remove  obstructions  upon 

notice. 

3.  Engineer  to  remove,  when,  etc., cost, 

etc. 

4.  Building  material  in  street. 

5.  Red  lights  at  piles  of  building  ma- 

terial. 

6.  Railings  and  lights  at  excavations, 

7.  Cellar  doors  open. 

8.  Merchandiseor  fuel  on  streets. 

9.  Obstructing  street  by  teams. 

10.  Persons  placing  obstructions  liable 

for  damages.. 

11.  Buildings,  etc.,  in  street  not  to  be 

repaired. 

12.  Removal  of  buildings  through  streets. 

13.  Digging  in  street. 

14.  Excavations  adjoining  street  to  be 

guarded. 

15.  Excavations  in  streets — tearing  up 

sidewalks. 


Section. 

16.  Removing  grade  or  corner  stakes. 

17.  Removing  or  selling  earth  from 

streets. 

18.  Ashes,  rubbish,  etc.,  in  streets. 

19.  Fire  upon  street  crossings. 

20.  Paper,  rubbish  from  carts,  etc. 

21.  Stopping  teams  upon  crossings. 

22.  Feeding  or  huckstering  on  public 

square. 

23.  Numbers  on  buildings. 

24.  Decimal  system  adopted. 

25.  Manner  of  numbering. 

26.  Maps — engineer  to  designate  num- 

bers. 

27.  Size  of  numbers — where  placed. 

28.  Penalty  for  not  numbering. 

29.  Numbering  of  new  buildings. 

30.  City  engineer  to  adjust  numbers. 


Obstuctions  to  Streets  Forbidden.]  § i.  No  person  shall 
erect,  construct,  or  place,  or  cause  to  be  erected,  constructed  or 
placed,  any  building,  fence,  porch,  steps,  window,  stairs,  railing  or 
other  obstruction  in  whole  or  in  part,  upon  any  street,  alley,  sidewalk 
or  other  public  ground  within  said  city. 

Owner  to  Remove  Obstrucion  upon  Notice.]  § 2.  The 
owner  of  any  building,  fence,  porch,  steps,  window,  stairs,  railing  or 
other  obstruction,  now  standing  or  which  may  hereafter  be  erected  or 
placed  upon  any  street,  alley,  sidewalk  or  public  ground,  within  this 
city,  or  which  may  be  left  standing  upon  any  new  street  or  alley,  that 
has  been  or  may  be  hereafter  opened,  who  shall  not  remove  the 
same  within  such  reasonable  time,  not  exceeding  thirty  nor  less  than 
three  days,  as  he  shall  be  required  so  to  do  by  a notice  served  upon 
him,  signed  by  the  mayor,  city  engineer,  or  any  police  officer  of  said 
city,  shall  be  subject  to  a penalty  of  not  less  than  ten  dollars,  nor 
more  than  two  hundred  dollars,  and  a further  penalty  of  ten  dollars 
for  every  day  the  same  shall  remain  after  the  expiration  of  the  time 
fixed  in  such  notice. 


12  6 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


Engineer  to  Remove  Obstructions — Cost,  etc.]  § 3. 
Whenever  the  owner  of  any  building,  fence  or  other  obstruction,  upon 
any  street,  alley,  sidewalk  or  public  ground,  shall  neglect  or  refuse  to 
remove  the  same,  after  a notice  to  do  so,  as  prescribed  in  the  preced- 
ing section,  or  if  the  owner  cannot  be  found  for  the  purpose  of  such 
notice,  upon  reasonable  diligence  by  the  city  engineer,  such  obstruc- 
tion shall  be  deemed  a nuisance,  and  the  city  engineer  shall  cause  the 
same  to  be  removed  or  taken  down,  and  the  expense  thereof  shall  be 
recoverable  from  the  owner  in  a suitable  action  before  any  court  of 
competent  jurisdiction.  Any  person  who  shall  resist  or  interfere  with 
the  removal  or  taking  down  of  any  such  obstruction  as  aforesaid,  shall 
be  subject  to  a penalty  of  not  less  than  five  dollars,  nor  more  than  two 
hundred  dollars. 

Building  Material  in  Street,  etc.]  § 4.  No  builder  or 
other  person  shall  incumber  or  obstruct  any  street  or  alley  with  build- 
ing or  other  like  materials,  without  a written  permit  from  the  mayor, 
nor  shall,  except  in  case  of  urgent  necessity  and  for  a short  time, 
incumber  or  obstruct  more  than  one-third  of  any  street  or  alley,  or 
one-half  of  the  sidewalk,  nor  shall  such  obstruction  continue  in  any 
case  longer  than  may  be  necessary  in  the  diligent  erection  of  such 
building,  or  the  prompt  execution  of  the  work.  Whoever  shall  violate 
any  provision  of  this  section  shall  be  subject  to  a penalty  of  not  less 
than  three  dollars,  nor  more  than  one  hundred  dollars  for  each  day 
he  shall  continue  in  violation  thereof.  [R.  O.  1876.] 

Red  Lights  at  Piles  of  Building  Material.]  § 5.  When- 
ever any  builder,  or  other  person,  shall  place  any  pile  of  lumber,  brick, 
sand,  or  other  building  material  in  any  street  or  alley  in  said  city,  it 
shall  be  his  duty  to  place  suitable  and  sufficient  red  lights  upon  such 
pile  of  building  material,  at  twilight  in  the  evening,  and  keep  them 
burning  during  the  night.  Upon  his  neglect  or  refusal  so  to  do,  he 
shall  be  fined  not  less  than  three  dollars  nor  more  than  fifty  dollars. 

Railings  and  Lights  at  Excavations.]  § 6.  Whenever 
any  person  is  engaged  in  digging  down  any  street,  or  making  any 
sewer  or  drain  therein,  or  trench  for  gas  or  water  pipes,  or  other  exca- 
vation, in  any  public  street,  sidewalk,  alley,  or  open  place,  in  this 
city,  under  any  contract  with  the  city,  or  any  private  corporation,  or 
person,  or  where  the  same  is  done  by  any  person,  or  private  corpora- 
tion, for  his  or  its  own  use  and  benefit,  and  such  work  if  left  exposed, 
would  be  dangerous  to  passengers,  horses,  teams,  or  travelers,  such 
person  or  corporation  so  engaged  in  such  work  as  aforesaid,  shall  erect 
a fence  or  railing  at  such  excavation  or  work  in  such  manner  as  to 
prevent  danger  to  passengers,  teams  or  travelers,  who  may  be  travel- 
ing such  street  or  alley,  and  shall  so  maintain  such  fence  or  railing 
until  such  work  is  completed  or  danger  removed.  And  it  shall  further 
be  the  duty  of  such  person  or  corporation  to  place  upon  such  railing 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


127 


or  fence  at  twilight  in  the  evening,  suitable  and  sufficient  red  lights, 
and  keep  them  burning  through  the  night  during  the  performance  of 
such  work.  Any  person  or  corporation  violating  any  of  the  provisions 
of  this  section,  shall  be  fined  not  less  than  five  dollars,  nor  more  than 
two  hundred  dollars  for  each  offense. 

Cellar  Doors  Open.]  § 7.  Whoever  shall  in  the  night  time 
leave  open  any  cellar  door,  vault,  well,  cistern,  excavation,  ditch  or 
like  hole  upon  or  adjoining  any  street,  alley  or  sidewalk,  without 
securing  and  protecting  the  same  so  as  not  to  endanger  the  safety  of 
persons  or  animals  passing  thereby  from  falling  therein,  shall  be  sub- 
ject to  a penalty  of  not  less  than  three  dollars,  and  not  exceeding  one 
hundred  dollars.  [R.  O.  1876.] 

Merchandise  or  Fuel  on  Streets.]  § 8.  No  person  shall 
obstruct  or  incumber  any  street  or  alley  with  merchandise,  fuel  or 
other  articles  or  property  longer  than  may  be  necessary  in  the  diligent 
removal  of  the  same,  under  a penalty  of  not  less  than  one  dollar,  nor 
more  than  ten  dollars,  and  a like  penalty  for  each  hour  the  same  shall 
not  be  removed  after  notice  to  remove  the  same  by  the  mayor,  city 
engineer  or  any  police  officer.  [R.  O.  1876.] 

Obstructing  Street  by  Teams.]  § 9.  When  any  street  or 
alley  may  be  obstructed  by  a press  of  teams,  wagons  or  animals,  the 
mayor,  any  police  officer  or  any  alderman  may  give  such  orders  and 
directions  as  may  be  deemed  necessary  for  abating  the  obstruction; 
and  whoever  shall  not  obey  such  orders  and  directions  shall  be  subject 
to  a penalty  of  not  less  than  three  dollars,  and  not  exceeding  one 
hundred  dollars.  [R.  O.  1876.] 

Persons  Placing  Obstructions  Liable  for  Damages.] 
§ 10.  Whoever  shall  place  or  leave  or  cause  to  be  placed  or  left,  any 
encroachment,  incumbrance  or  obstruction  in  or  upon  any  street, 
alley  or  sidewalk,  shall,  in  all  cases,  be  liable  to  the  city  and  to 
private  persons  for  all  damages  or  injury  arising  from  such  encroach- 
ment, incumbrance  or  obstruction.  [R.  O.  1876.] 

Buildings,  etc.,  in  Street  not  to  be  Repaired.]  § 11. 
No  fixtures,  building,  fence  or  other  erection  or  inclosure  extending 
or  encroaching  upon  any  road,  street,  alley  or  sidewalk,  contrary  to 
ordinance,  shall  be  repaired  or  rebuilt,  under  a penalty  of  not  less 
than  ten  dollars,  and  not  exceeding  one  hundred  dollars.  [R.  O. 
1876.] 

Removal  of  Buildings  Through  Streets.]  § 12.  ’No 
person  shall  move  or  cause  to  be  removed,  or  aid  in  removing  any 
building  through  or  across  any  street  or  alley  without  a written  permit 
from  the  mayor,  nor  shall  in  removing  such  building  unnecessarily 
incumber  or  obstruct  any  street  or  alley,  or  for  a longer  time  than 


128 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


may  be  neceesary  in  the  prompt  and  diligent  removal  of  such  building, 
under  a penalty  of  not  less  than  ten  dollars,  and  not  exceeding  one 
hundred  dollars  in  each  case,  and  an  additional  penalty  of  not  less 
than  three  dollars  for  each  day  such  building  shall  unnecessarily 
remain  in  any  street  or  alley.  [R.  O.  1876.] 

Digging  in  Streets,  etc.]  § 13.  Whoever  shall  excavate, 
strip,  sap,  undermine,  or  in  any  manner  dig  away,  or  plow  any  street, 
alley  or  highway,  or  any  part  of  the  same,  shall  be  fined  not  less  than 
three  dollars,  nor  more  than  one  hundred  dollars.  [R.  O.  1876.] 

Excavations  Adjoining  Streets  to  be  Guarded.]  § 14. 
Whenever  any  person  shall  hereafter  excavate,  sap,  strip,  undermine, 
or  make  any  opening  in  the  ground  of  the  depth  of  four  feet  or  more, 
upon  any  premises  contiguous  to  or  within  ten  feet  of  any  street,  alley, 
or  highway,  such  person  shall  enclose  such  premises  by  a substantial 
railing,  or  other  sufficient  barrier,  at  least  four  feet  in  height,  and  shall 
keep  up  such  railing  or  barrier  as  long  as  such  excavation  or  opening 
shall  remain;  and  for  any  neglect,  failure,  or  refusal  so  to  do,' such 
person  shall  be  fined  not  less  than  three  dollars,  nor  more  than  one 
hundred  dollars.  [R.  O.  1876.] 

Excavations  in  Streets — Tearing  up  Sidewalks.]  § 15. 
No  person  not  authorized  by  ordinance  shall  make  any  excavation  in 
any  street,  alley  or  sidewalk  without  a written  permit  from  the  mayor, 
under  a penalty  of  not  less  than  three  dollars,  and  not  exceeding  one 
hundred  dollars.  Any  person  making  or  causing  to  be  made  any  ex- 
cavation or  ditch,  for  any  purpose,  in  any  street  or  alley  or  sidewalk, 
shall,  without  any  unnecessary  delay,  cause  the  same  to  be  filled  up  to 
the  proper  level  of  the  street,  alley  or  sidewalk,  and  shall,  from  time 
to  time,  if  necessary,  continue  to  repair  the  same  until  the  earth  is 
completely  settled  and  the  surface  conforms  to  the  proper  level  of 
the  street.  Any  person  tearing  up  any  plank  or  paved  street  or  side- 
walk, or  bridge  or  culvert  for  any  purpose,  or  negligently  breaking  or 
injuring  the  same  by  the  removing  of  any  building  over  the  same, 
shall,  without  delay,  cause  such  plank  or  paved  street,  alley  or  side- 
walk, or  bridge  or  culvert  to  be  repaired  and  placed  in  the  same  con- 
dition as  before  the  breaking  or  injuring  thereof.  Any  person  making 
or  causing  to  be  made  any  excavation  or  ditch,  or  tearing  up,  break- 
ing or  injuring  any  planked  or  paved  street,  alley  or  sidewalk,  bridge 
or  culvert,  or  causing  the  same  to  be  broken,  injured  or  torn  up,  who 
shall  not  comply  with  the  requirements  of  this  section,  shall  be  subject 
to  a penalty  of  not  less  than  five  dollars,  and  not  exceeding  one  hun- 
dred dollars,  and  the  city  engineer  shall,  without  delay,  cause  such 
filling  up  or  repairs  to  be  made  and  completed,  and  the  costs  thereof 
may  be  collected  of  any  person  whose  duty  it  was  to  do  the  same,  and 
recovered  with  the  penalty  or  in  a separate  suit,  in  the  name  of  the 
city.  [R.  O.  1876.] 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


129 


Rrmoving  Grade  or  Corner  Stakes.]  § 16.  Whoever  shall 
purposely  change  or  remove  any  stake,  post  or  stone  placed  or  set  to 
designate  the  corner  or  line  of  any  lot  or  land,  street  or  alley,  or  to 
show  the  grade  of  any  street,  alley  or  sidewalk,  shall  be  subject  to  a 
penalty  of  not  less  than  five  dollars,  and  not  exceeding  one  hundred 
dollars.  [R.  O.  1876.] 

Removing  or  Selling  Earth  from  Street.]  § 17.  Who- 
ever shall  for  any  private  purpose,  dig,  remove  or  carry  away  any  earth 
from  any  street  or  alley  without  the  permission  of  the  city  council, 
shall  be  subject  to  a penalty  of  not  less  than  one  dollar  for  each  load 
removed  or  carried  away,  and  any  city  officer  who  shall  sell  or  dispose 
of  any  earth  from  any  street  or  alley  for  his  private  gain  or  benefit, 
shall  be  subject  to  a penalty  of  not  less  than  twenty-five  dollars,  and 
not  exceeding  one  hundred  dollars.  [R.  O.  1876.] 

Ashes,  Rubbish,  etc.,  in  Streets  and  Alleys.]  § 18.] 
Whoever  shall  throw,  place  or  leave  any  ashes,  dirt,  garbage,  filth  or 
other  rubbish  in  or  upon  any  street,  alley  or  sidewalk,  or  shall  know- 
ingly suffer  or  permit  the  same  to  be  thrown,  placed  or  left  in  or  upon 
any  street,  alley  or  sidewalk  in  front  of  or  adjoining  any  premises 
owned  or  occupied  by  him,  under  his  control,  shall  be  subject  to  a 
penalty  of  not  le£s  than  one  dollar,  and  not  exceeding  one  hundred 
dollars,  and  to  a like  penalty  for  each  day  the  same  may  remain  after 
notice  to  remove  the  same  by  the  mayor,  the  city  engineer  or  any 
police  officer,  or  any  alderman.  [R.  O.  1876.] 

Fire  upon  Street  Crossings.]  § 19.  Whoever  shall  throw, 
place  or  leave  any  live  coals  or  fire,  or  make  or  kindle  any  fire  upon 
any  planked  street  crossing,  shall  be  subject  to  a penalty  of  not  less 
than  three  dollars,  and  not  exceeding  one  hundred  dollars,  and  shall 
likewise  be  liable  for  all  damages  or  injury  caused  thereby  and  the 
costs  of  repairing,  which  may  be  recovered  with  the  penalty  or  in  a 
separate  suit  in  the  name  of  the  city.  [R.  O.  1876.] 

Throwing  Paper,  etc. — Dropping  Rubbish  from  Carts.] 
§ 20.  Whoever  shall  throw  any  paper,  straw,  tin  cans  or  litter  of  any 
kind  into  any  street,  alley  or  open  space  of  ground,  in  said  city,  or 
shall  cause  any  cart,  wagon  or  other  vehicle  to  be  so  loaded  and 
heaped  up  with  sand,  manure,  earth,  or  rubbish,  so  that  in  the  hauling 
thereof  any  part  of  such  load,  shall  be  scattered  or  dropped  in  any 
street,  alley,  or  other  open  place  of  said  city,  shall  be  fined  not  less 
than  three  nor  more  than  fifty  dollars  for  each  offense. 

Stopping  Team  on  Crossings.]  § 21.  Whoever  shall  ob- 
struct any  street  crossing  by  unnecessarily  stopping  thereon  with 
any  team,  vehicle  or  animal,  so  as  to  incommode  persons  crossing 
the  same,  shall  be  subject  to  a penalty  of  not  less  than  one  dollar, 
and  not  exceeding  ten  dollars.  [R.  O.  1876.] 


130 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


Feeding  or  Huckstering  on  Public  Square.]  § 22.  No 
person  or  persons  shall  feed  any  team,  horse  or  horses,  or  other 
animal  upon  the  public  square  in  said  city,  nor  shall  stop  upon  the 
same  with  teams,  wagons,  market-wagons,  carriages  or  otherwise,  for 
the  purpose  of  marketing,  bargaining,  bartering,  trafficking  in  or 
hawking  any  wood,  coal,  hay,  straw,  fish,  poultry,  produce,  goods, 
wares  or  merchandise,  under  a penalty  of  not  less  than  three  dollars, 
nor  more  than  one  hundred  dollars  for  each  offense.  [R.  O.  1876,] 

Numbers  on  Buildings.]  § 23.  All  buildings  situated  on  any 
of  the  streets  of  said  city  shall  be  numbered  in  the  manner  herein, 
and  as  may  be  hereafter  provided  by  the  city  council. 

Decimal  System  Adopted.]  § 24.  The  decimal  system  of 
numbering  streets  is  hereby  adopted. 

Manner  of  Numbering.]  § 25.  All  east  and  west  streets 
shall  be  numbered  from  west  to  east,  beginning  west ; all  north  and 
south  streets  shall  be  numbered  from  south  to  north,  beginning  at  the 
south.  One  hundred  numbers  shall  be  assigned  to  each  block.  The 
even  numbers  to  be  on  west  side  of  north  and  south  streets,  and  on 
the  south  side  of  east  and  west  streets. 

Maps.  Engineer  to  Designate  Numbers.]  § 26.  The 
city  engineer  shall  cause  to  be  prepared,  from  time  to  time,  maps  of 
the  several  streets,  showing  the  numbers  of  all  lots  and  houses;  and 
he  shall  assign  to  each  lot  or  house  its  proper  number,  and  deliver, 
free  of  charge,  to  the  owner  or  occupant,  a certificate  designating 
such  number. 

Size  of  Numbers — Where  Placed.]  § 27.  Each  of  the 
figures  of  every  number  shall  be  not  less  than  three  inches  in  length, 
and  so  marked  as  to  be  distinctly  and  easily  read ; said  numbers  shall 
be  placed  in  a conspicuous  place,  on  the  side  of  or  above  the  front  door 
of  the  building  to  which  they  are  attached. 

Penalty  for  Not  Numbering.  § 28.  Any  person  being 
the  owner  or  occupant  of  any  building  now  erected  in  the  city 
of  Danville,  who,  after  being  notified  by  the  city  engineer,  that  the 
street  numbers  are  on  record  at  his  office,  shall  for  thirty  days  neglect 
or  refuse  to  number  any  building  owned  or  occupied  by  him,  with 
the  number  so  assigned  such  building,  as  aforesaid,  or  shall  number 
any  such  building  with  a number  different  from  that  assigned  such 
building  as  aforesaid,  or  shall  maintain  any  such  wrong  number  upon 
any  such  building  which  may  be  now  upon  it,  shall  be  fined  not  less 
than  three  dollars,  nor  more  than  ten  dollars  for  every  thirty  days 
he  shall  neglect  or  refuse  to  number  said  building,  or  shall  maintain 
such  wrong  number  upon  the  same. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


131 


Numbering  of  New  Buildings.]  § 29.  Any  owner  or  oc- 
cupant of  any  building  hereafter  erected  in  said  city,  who  shall  for 
thirty  days  after  the  same  shall  be  erected,  neglect  or  refuse  to  number 
said  building  according  to  the  provisions  of  this  chapter,  or  who  shall 
number  said  building  without  having  first  obtained  from  said  city 
engineer  a certificate  designating  the  proper  number,  or  shall  place  or 
maintain  a number  on  such  building  different  from  that  assigned  to 
it  by  said  city  engineer,  shall  be  subject  to  a penalty  of  not  less  than 
three  dollars,  nor  more  than  ten  dollars,  for  every  thirty  days  there- 
after that  said  building  shall  be  without  its  number,  according  to  the 
provisions  of  this  chapter,  or  shall  have  a number  thereon  different 
from  that  assigned  to  it  by  said  city  engineer. 

City  Engineer  to  Adjust  Numbers.]  § 30.  In  all  cases 
where  a street  shall  be  numbered,  or  re-numbered  in  pursuance  of 
this  article  or  any  ordinance  hereafter  passed,  it  shall  be  the  duty  of 
the  city  engineer  thereafter  to  adjust  and  re-number  such  streets  as 
the  same  may  be  required  from  time  to  time ; and  in  all  cases  where 
there  is  a mistake  or  conflict  in  numbers,  said  city  engineer  shall  di- 
rect and  make  the  proper  adjustment  of  the  same. 


132 


ORDINANCES  OF  THE  CI  TY  OF  DANVILLE. 


CHAPTER  XXXII 


VEHICLES. 


Section. 


Section, 


1.  Vehicles  licensed. 

2.  Rate  of  license. 

3.  Number  of  license  on  vehicle. 

4.  Persons  entitled  to  license. 

5.  Bonds. 


streets. 

9.  Stands  for  vehicles. 

10.  Police  to  remove  vehicles. 

11.  False  representation — extortion,  etc. 


8.  Boisterous  conduct  — obstructing 


6.  Rates  for  carrying  passengers  or  12.  Licensed  persons  to  keep  copy  of 


7.  Penalty  for  charging  excessive  rates. 

Vehicles  Licensed.]  § 1.  No  person  shall  keep  or  use  for 
hire  for  the  carrying  of  persons  or  property,  any  vehicle  of  any 
kind  or  description,  within  the  city  of  Danville,  without  first  ob- 
taining a license  therefor,  under  a penalty  of  not  less  than  five 
dollars,  nor  more  than  fifty  dollars  for  each  offense.  Provided , 
this  section  shall  not  apply  to  livery  men  hiring  out  vehicles  to 
persons  for  single  trips,  or  in  the  course  of  the  usual  and  ordinary 
business  of  livery  men  ; nor  shall  the  same  apply  to  merchants,  lum- 
bermen, and  other  persons,  who  keep  and  use  vehicles  for  the  de- 
livery of  property  sold  by  them,  and  delivered  to  the  purchasers 
thereof  free  of  charge ; nor  shall  the  same  apply  to  teams  hired 
by  the  day  or  week,  and  not  engaged  in  carrying  passengers. 

Rate  of  License.]  § 2.  There  shall  be  charged  and  paid 
for  a license,  under  this  chapter,  the  following  rates: 

First.  For  omnibuses  running  between  the  hotels  and 
railroad  depots,  and  other  parts  of  the  city,  the  sum  of  twenty-five 
dollars  per  annum  for  the  first  omnibus,  and  fifteen  dollars  per 
annum  for  each  additional  omnibus  owned  by  the  same  person. 

Secofid.  For  each  hackney  coach,  or  other  two  horse  carriage, 
wagon,  hack,  or  vehicle  used  for  carrying  passengers,  the  sum  _of 
fifteen  dollars  per  annum. 

Third.  For  each  cab  or  other  one  horse  vehicle,  used  for  carry- 
ing passengers  the  sum  of  ten  dollars  per  annum. 

Fourth.  For  each  truck,  dray  or  other  vehicle  used  for  carrying 
freight  or  property,  the  sum  of  ten  dollars  per  annum. 

Number  of  License  on  Vehicle.]  § 3.  Every  person  keep- 
ing or  using  any  vehicle  requiring  a license,  shall  cause  the  number 
of  the  license  of  such  vehicle  to  be  conspicuously  painted  or  placed 
upon  the  same  where  it  can  be  readily  seen ; and  any  person  neglect- 


property. 


Sec.  6. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


133 


ing  or  refusing  so  to  do  shall  be  fined  not  less  than  three  dollars,  nor 
more  than  twenty-five  dollars. 

Persons  Entitled  to  License.]  § 4,  No  person  shall  be 
entitled  to  a license  under  this  chapter,  except  such  person  is  a 
resident  of  the  city  of  Danville,  and  over  the  age  of  twenty-one  years, 
and  the  owner  of  the  vehicle  or  vehicles  for  which  he  desires  a license. 

Bonds.]  § 5.  Before  a license  shall  be  issued  to  any  person 
to  keep  or  use  for  hire  any  vehicle,  he  shall  execute  a bond  to  said 
city  in  the  sum  of  five  hundred  dollars,  with  sureties  to  be  approved 
by  the  mayor,  conditioned  for  the  faithful  observance  of  all  ordi- 
nances of  the  city  relating  to  vehicles,  and  that  he  will  promptly 
deliver  all  property  intrusted  to  him  to  the  persons  entitled  thereto. 

Rates  for  Carrying  Passengers  or  Property.]  § 6. 
Charges  for  the  transportation  of  persons  and  property  by  all  persons 
licensed  hereunder  shall  be  as  follows,  viz : 

First.  For  carrying  each  passenger  between  any  two  points 
within  the  city,  twenty-five  cents. 

Second.  For  the  use  of  any  two-horse  cab,  carriage  or  other 
vehicle,  with  driver,  by  the  hour,  the  sum  of  one  dollar  per  hour. 

Third.  For  the  use  of  any  one-horse  vehicle,  by  the  hour,  with 
driver,  fifty  cents  per  hour. 

Fourth.  For  carrying  merchandise  or  property  of  any  kind  upon 
a wagon,  truck  or  dray,  for  any  distance  not  exceeding  six  blocks, 
the  sum  of  twenty-five  cents  per  load;  for  any  distance  exceeding 
six  blocks,  fifty  cents  per  load. 

Penalty  for  Charging  Excessive  Rates.]  § 7.  Any 
person  licensed  under  this  chapter,  or  the  driver  of  any  such  licensed 
vehicle,  who  shall  charge,  or  cause  to  be  charged,  any  greater  sum 
than  the  rates  provided  in  section  six  of  this  chapter,  for  carrying 
any  passenger  or  property,  shall  be  fined  not  less  than  five  dollars, 
nor  more  than  one  hundred  dollars  for  each  offense,  and  the  owner 
of  such  vehicle  shall  in  addition  thereto  forfeit  his  license  for  the 
same,  in  the  discretion  of  the  mayor. 

Boisterous  Conduct,  Obstructing  Streets,  etc.]  § 8. 
No  driver  of  any  coach,  cab,  dray  or  other  vehicle  licensed  under 
this  chapter,  shall,  at  any  depot,  or  at  any  stand  waiting  for  employ- 
ment, or  other  place,  leave  his  team,  bus,  carriage  or  vehicle  to 
solicit  passengers,  or  shall  conduct  himself  in  a boisterous  or  disorderly 
manner,  or  use  any  indecent  or  profane  language,  or  in  any  way  vex 
or  annoy  any  traveler,  passenger  or  other  person,  or  unnecessarily 
snap  or  flourish  his  whip,  or  obstruct  any  street  or  sidewalk  in  said 
city,  under  a penalty  of  not  less  than  three  dollars,  nor  more  than 
one  hundred  dollars. 


134 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


Stands  for  Vehicles.]  § 9.  The  city  marshal  shall  des- 
ignate stands  for  all  cabs,  coaches,  omnibusses  or  other  vehicles  at 
all  railroad  depots,  where  the  same  shall  stand  while  waiting  for 
passengers  or  property ; and  shall  also  designate  and  fix  the  stands 
at  other  points  in  the  city,  where  all  drays,  carts,  coaches,  cabs  or 
other  licensed  vehicles,  shall  stand  while  waiting  for  passengers  or 
employment ; and  said  city  marshal  shall  make  all  necessary  rules  and 
regulations  for  the  use  and  occupations  of  said  stands,  by  such  licensed 
vehicles.  Provided , that  no  such  stand  shall  be  assigned  for  any 
such  vehicle  in  front  of  any  premises,  against  the  wish  of  any  owner 
or  occupant  of  the  same.  Any  owner  or  driver  of  any  such  licensed 
vehicle  who  shall  cause,  or  permit  the  same  to  stand  or  remain  at  any 
place,  waiting  for  passengers  or  employment,  other  than  the  one 
assigned  for  the  same,  or  shall  violate  any  of  the  rules  of  the  city 
marshal,  regulating  such  stands,  as  aforesaid,  shall  be  fined  not  less 
than  three  dollars,  nor  more  than  fifty  dollars  for  each  offense. 

Police  to  Remove  Vehicles.]  § 10.  The  city  marshal  and 
the  several  police  officers  of  the  city,  shall  have  power  to  order  the 
driver,  or  other  person,  having  charge  of  any  licensed  vehicle,  to 
remove  such  vehicle  away  from  any  place  in  any  of  the  streets,  which 
in  his  or  their  opinion  may  be  improperly  incumbering  such  street, 
or  obstructing  or  impeding  public  travel ; and  any  person  refusing  or 
neglecting  to  comply  with  such  order  shall  be  fined  not  less  than  two 
dollars,  nor  more  than  twenty  dollars.  ' 

False  Representations — Extortion.]  § 11.  Any  owner  or 
driver  of  any  cab,  coach  or  other  licensed  vehicle,  who  shall  induce 
any  body  to  employ  him,  by  knowingly  or  wantonly  misinforming  or 
misleading  such  person,  either  as  to  the  time  or  place  of  the  arrival  or 
departure  of  any  railroad  train,  or  the  distance  to,  or  location  of  any 
depot,  office,  station,  hotel,  public  place  or  private  residence  within 
said  city,  or  shall  be  guilty  of  any  other  fraud,  extortion  or  attempted 
fraud  or  extortion,  upon  such  person,  shall  be  fined  not  less  than  five 
dollars,  nor  more  than  one  hundred  dollars  for  any  or  either  of  the 
aforesaid  offenses. 

Licensed  Persons  to  Keep  Copy  of  Section  6.]  § 12.  The 

driver  of  every  licensed  vehicle,  shall  keep  in  his  possession  at  all 
times  a certified  copy  of  section  six  of  this  chapter,  or  any  amend- 
ments thereto  hereafter  passed  by  the  city  council,  and  shall  exhibit 
the  same  to  any  person  employing  him,  who  shall  demand  the  same, 
under  a penalty  of  not  less  than  three  dollars. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


135 


CHAPTER  XXXIII. 


WARDS. 


Section. 

i.  Division  of  city  into  wards. 


Division  of  City  into  Wards.]  § i.  The  city  of  Danville 
shall  be  divided  into  five  wards,  bounded  and  described  as  follows: 

First  Ward : The  first  ward  shall  consist  of  that  portion  of  said 

city,  included  within  the  following  boundary  lines : Commencing  at 

the  intersection  of  the  section  line  between  sections  eight  and  nine,  in 
township  nineteen,  north  range  eleven,  west,  Vermilion  county,  Illi- 
nois, with  the  Vermilion  river,  running  thence  north  upon  said  section 
line  to  the  center  of  Van  Buren  street,  thence  west  to  the  North  Fork, 
thence  along  said  North  Fork,  with  the  meanderings  thereof  to  the 
Vermilion  river,  thence  eastwardly  along  the  said  Vermilion  river, 
with  the  meanderings  thereof  to  the  place  of  beginning. 

Second  Ward : The  second  ward  shall  consist  of  that  portion  of 

the  city  included  within  the  following  boundary  lines:  Commencing 

at  a point  on  the  north  boundary  line  of  said  city,  and  in  the  center 
of  Vermilion  street,  thence  east  along  the  said  north  boundary  line  to 
the  section  line  between  sections  four  and  five,  in  the  township  and 
range  aforesaid,  thence  south  along  said  section  line  to  the  center  of 
Van  Buren  street,  thence  west  to  the  center  of  Vermilion  street,  thence 
north  to  the  place  of  beginning. 

Third  Ward : The  third  ward  shall  consist  of  that  portion  of 

the  city,  included  within  the  following  boundary  lines  : Commencing 

at  a point  on  the  north  boundary  line  of  said  city,  and  in  the  center 
of  Gilbert  street,  thence  east  along  said  north  boundary  line  of  said 
city,  to  thefcenter  of  Vermilion  street,  thence  south  to  the  first  alley 
south  of  North  street,  thence  west  to  the  centre  of  Gilbert  street, 
thence  north  to  the  place  of  beginning. 

Fourth  Ward : All  the  remaining  territory  of  said  city  lying 

and  being  west  of  Gilbert  street  shall  constitute  the  fourth  ward. 

Fifth  Ward : All  the  remaining  territory  of  said  city  lying  and 

being  east  of  the  section  lines  between  sections  four  and  five,  and 
between  sections  eight  and  nine,  township  and  range  aforesaid,  shall 
constitute  the  fifth  ward. 

Passed  and  Approved  December  6,  A.  D.  1883. 

Attest : 


A.  C.  Freeman, 
(&nzj)  City  Clerk. 


L.  T.  DICKASON, 
Mayor. 


136 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


STATE  OF  ILLINOIS,  ^ 

Vermilion  County,  >•  SS. 

City  of  Danville.  ) 

I,  Alfred  C.  Freeman,  City  Clerk  of  the  City  of  Danville,  Ver- 
milion county,  Illinois,  do  hereby  certify  that  the  foregoing  ordinance 
entitled  “An  Ordinance  for  revising  and  consolidating  the  general  or- 
dinances of  the  City  of  Danville/’  was  passed  and  adopted  by  the  City 
Council  of  said  city,  at  a regular  meeting  thereof,  on  the  6th  day  of 
December,  A.  D.  1883 ; that  the  same  was  duly  deposited  in  the  office 
of  the  City  Clerk  of  said  city,  on  the  6th  day  of  December,  A.  D. 
1883,  and  was  duly  signed  and  approved  by  the  mayor  of  said  city ; that 
the  foregoing  is  a true  and  correct  copy  of  said  ordinance,  and  that 
the  same  is  published  and  printed  in  book  or  pamphlet  form  under 
the  direction,  and  by  the  authority  of  the  City  Council  of  said  city. 

A.  C.  FREEMAN, 

City  Clerk. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


137 


SPECIAL 

LAWS  AND  ORDINANCES 

In  Force  in  the  City  of  Danville. 


AN  ORDINANCE  IN  RELATION  TO  THE  DANVILLE  GAS  LIGHT 

COMPANY. 


§ i . Be  it  or  darned  by  the  City  Council  of  the  City  of  Danville, 
That  the  Danville  Gas  Light  Company,  their  successors,  associates 
and  assigns  are  hereby  authorized  and  empowered  with  full  power 
and  authority  'exclusively  to  manufacture,  sell  and  dispose  of  gas,  coke 
and  tar  made  from  any  and  all  of  the  substances  from  which  inflam- 
mable gas,  coke  and  tar  can  be  obtained  and  be  used  for  the  purpose 
of  lighting  the  city  of  Danville  or  the  [streets]  thereof,  and  public 
places  or  houses  therein  contained  and  other  places  in  the  vicinity, 
and  to  erect  and  maintain  all  the  necessary  works  and  apparatus 
therefor. 

§ 2.  That  said  Danville  Gas  Light  Company  are  hereby  empow- 
ered and  authorized  to  build,  erect  and  maintain  structures,  buildings 
and  apparatus  necessary  or  incident  or  suitable  to  their  convenience, 
within  the  corporate  limits  of  the  city,  and  also  with  full  and  exclusive 
power  and  authority  to  excavate  and  dig  and  lay  pipes,  mains  or  sub- 
mains  for  the  purpose  of  conducting  gas  in  any  of  the  streets,  avenues, 
alleys,  highways,  public  grounds,  sidewalks  or  other  public  places  in 
said  city  or  elsewhere,  with  full  power  and  authority  to  maintain  the 
said  pipes,  mains  and  sub-mains  in  any  of  such  streets,  avenues,  alleys, 
highways,  public  grounds,  sidewalks  or  other  public  places  in  said 
city  or  elsewhere,  and  to  repair,  remove,  change  or  re-locate  such 
pipes,  mains  or  sub-mains,  and  to  do  the  digging  and  excavating 
instant  [incident]  thereto  at  such  times  and  in  such  manner  as  said 
Danville  Gas  Light  Company  may  deem  proper.  Provided , always, 
that  said  Gas  Light  Company  exercise  the  rights  and  powers  herein 
granted  in  such  manner  as  to  do  no  permanent  injury  or  damage  to 
any  such  streets,  avenues,  alleys,  highways,  public  grounds,  sidewalks 
or  other  public  places  in  said  city,  and  that  after  they  shall  have  dug  or 
excavated  therein,  and  laid,  altered,  changed,  repaired  or  re-located 
any  of  their  pipes,  mains  or  sub-mains  therein,  they  shall  restore  the 
premises  excavated  or  dug  to  its  former  condition  without  delay. 


138 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


§ 3.  That  the  said  Danville  Gas  Light  Company,  its  successors 
or  assigns,  shall  not  allow  any  excavation,  ditch  or  trench  more  than 
fifteen  rods  in  length,  in  any  one  street  or  alley  in  the  said  city  of 
Danville,  at  any  one  time,  to  remain  open,  uncovered,  or  in  any 
manner  exposed. 

§ 4.  That  whenever  the  said  Danville  Gas  Light  Company,  its 
successors  or  assigns,  shall  dig,  ditch,  trench  or  excavate  any  street  or 
alley  in  the  said  city  of  Danville,  for  the  purposes  of  laying  down  its 
pipes,  mains  or  sub-mains,  or  for  any  purpose  whatever,  it  shall  be 
the  duty  of  the  said  Danville  Gas  Light  Company,  its  successors  or 
assigns,  to  immediately  repair  such  street  or  alley,  and  to  restore  and 
replace  the  same  to  a condition  equal  to  that  in  which  the  same  pre- 
viously existed. 

§ 5.  That  should  the  Danville  Gas  Light  Company,  its  success- 
ors or  assigns,  suffer  or  permit  any  ditch,  trench  or  excavation  to 
remain  open,  uncovered,  or  in  any  manner  exposed  during  the  night, 
the  same  shall  be  protected  by  a substantial  railing  or  other  barricade, 
and  by  a lighted  lantern  suspended  at  each  end  thereof,  and  that  it 
shall  be  unlawful  for  any  ditch,  trench  or  excavation  across  or  over 
any  sidewalk  in  the  said  city  of  Danville  to  remain  open  or  in  any 
manner  exposed  during  the  night  time. 

§ 6.  That  the  manner  in  which  the  said  Danville  Gas  Light 
Company,  its  successors  and  assigns,  shall  lay  the  pipes,  mains  and 
sub-mains  across  any  of  the  sewers  or  ditches  or  alleys  of  the  said  city 
of  Danville,  shall  be  under  the  direction  of  the  committee  on  streets 
and  alleys  of  the  city  council,  and  of  the  city  engineer  of  the  said  city 
of  Danville. 

§ 7.  That  for  each  violation  of  the  provisions  of  this  ordinance 
by  the  said  Danville  Gas  Light  Company,  its  successors  or  assigns,  or 
by  its  agents,  workmen  or  employees,  the  said  Danville  Gas  Light 
Company,  its  successors  or  assigns,  shall  be  liable  to  and  shall  pay  a 
penalty  of  not  less  than  five  dollars. 

Passed  and  approved  August  n,  1870. 


AN  ORDINANCE 

CONCERNING  THE  CHICAGO,  DANVILLE  & VINCENNES  RAILWAY 

COMPANY. 

§ i.  Be  it  ordained  by  the  City  Council  of  the  City  of  Danville , 
That  the  right  of  way  over,  across  and  upon  Depot  street  in  said  city, 
being  the  first  street  east  of  Jackson  street,  be  and  the  same  is  hereby 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


139 


granted  unto  the  Chicago,  Danville  & Vincennes  Railroad  Company, 
its  successors  and  assigns  forever,  together  with  the  right  to  erect, 
construct,  operate  and  forever  maintain  its  main  and  side  tracks 
thereon  throughout  the  entire  length  thereof  from  Main  street  to  the 
northern  terminous  of  said  street. 

§ 2.  That  the  grant  hereinbefore  made  be  and  is  upon  the 
express  condition  that  the  said  Chicago,  Danville  & Vincennes  Rail- 
road Company,  its  successors  and  assigns,  use  said  street  for  the 
purpose  aforesaid  so  as  not  to  interfere  with  the  passage  of  teams  along 
or  across  the  same,  and  that  they  keep  the  said  main  and  side  tracks 
planked  between  rails  at  the  intersection  of  other  streets  and  alleys 
with  said  depot  street  the  full  width  of  the  streets,  alleys  and  sidewalks 
of  said  intersecting  streets,  so  as  to  afford  safe  and  convenient  cross- 
ings for  teams  and  pedestrians ; and  also  upon  condition  that  said 
railroad  company,  its  agents,  successors  and  assigns  conforms  to  and 
obeys  all  ordinances  of  said  city  regulating  railroads  which  are  now  in 
force  or  may  hereafter  be  passed. 

§ 3.  That  the  city  of  Danville  shall  not,  by  reason  of  this  grant, 
become  liable  for  damages  to  person  or  persons  owning  property  on 
said  Depot  street,  by  reason  of  this  grant  or  the  using  of  said  street  by 
the  Chicago,  Danville  & Vincennes  Railroad. 

§ 4.  That  the  mayor  be  and  he  is  hereby  authorized  and  re- 
quired to  enter  into  a written  contract  in  the  name  of  the  said  city  of 
Danville  with  said  railroad  company,  binding  the  parties  respectively 
to  the  observance  of  the  terms  of  this  ordinance. 

Passed  and  approved  May  12,  1871. 


AN  ORDINANCE 

CONCERNING  THE  D..U..B.  & P.  RAILROAD. 

§ i . Be  it  ordained  by  the  City  Council  of  the  City  of  Danville , 
That  permission  and  authority  is  hereby  given  to  the  Danville, 
Urbana,  Bloomington  & Pekin  Railroad  Company  to  construct,  erect, 
grade  and  maintain  their  track  with  necessary  switches,  turn-tables 
and  side-tracks,  from  the  point  where  said  railroad  crosses  the  North 
Fork  of  the  Big  Vermilion  river,  to  the  point  where  the  same  leaves 
the  city  on  the  eastern  limits  of  the  same,  across  the  following  streets 
and  intermediate  alleys:  Mill  street,  Seminary  street  and  alley  north, 
Grant  street  and  alley  east,  Chandler  street  and  alley  east,  High  or 
Kimber  street,  Harmon  avenue,  William  street,  Gilbert  street,  Oak 
street  and  alley  east,  and  the  street  running  parallel  with  the  T., 
W.  & W.  Railway  Company. 


140 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


§ 2.  At  the  crossing  of  Mill  street  and  Seminary  street  the  said 
railroad  company  shall,  within  four  weeks  from  the  time  they  com- 
mence work  on  either  of  said  streets,  finish  and  complete  the  grading 
of  their  road  at  such  points,  and  put  up  good  and  substantial  bridges 
of  wood  or  other  material,  of  the  width  of  sixteen  feet,  to  be  capable 
of  supporting  a moving  weight  of  twenty-five  tons,  and  also  build,  fill 
up,  repair  and  grade  the  said  streets,  so  that  there  shall  be  an  easy 
grade  or  approach  from  either  end  of  said  bridge,  and  to  carry  out  the 
intentions  of  the  city  and  said  company,  the  said  company  hereby  are 
permitted  to  raise  the  grade  of  Mill  street  not  to  exceed  five  and  one- 
half  feet,  and  Seminary  street  not  to  exceed  four  feet  above  the  level 
of  the  present  street  beds  at  the  points  crossed. 

§ 3.  It  shall  be  the  duty  of  the  said  company  in  making  the 
grade  of  said  road  across  the  streets  aforesaid  to  do  so  with  all  practi- 
cable speed,  and  they  are  at  no  time  to  obstruct  the  streets  of  the  city 
in  the  inhabited  portions  of  the  city,  so  that  wagons,  teams  or  foot 
passengers  shall  be  obliged  to  travel  more  than  one  square  to  pass  such 
obstruction.  The  said  company  shall,  at  its  own  expense,  grade  the 
streets  over  which  their  track  crosses  in  such  a manner  that  wagons 
and  teams  can  cross  their  tracks  by  an  easy  grade  tp  and  from  either 
side  of  their  tracks,  and  shall  make  and  at  all  times  maintain  good, 
substantial  and  safe  crossings  for  general  travel  for  wagons,  teams, 
horses,  cattle  and  foot  passengers. 

§ 4.  That  the  said  company  shall  at  all  times  maintain  and 
keep  up,  at  their  own  expense,  water  ways,  ditches,  culverts,  or  other 
means  of  conducting  water  along  or  across  their  said  track  sufficient 
to  discharge  or  carry  off  all  the  water  that  may  be  carried  to  their  cuts 
and  fills  by  the  streets  and  alleys  of  the  city,  and  to  so  construct  their 
embankments  and  cuts  that  such  water  may  be  discharged  without 
injury  or  damage  to  private  property  or  the  streets  and  alleys  of  the 
city.  It  being  one  of  the  conditions  of  this  grant  by  the  city,  that 
the  said  company  shall  at  all  times  use,  alter,  maintain,  and  keep  up 
at  their  own  expense,  such  water  ways,  ditches,  culverts,  or  other 
means  of  conducting  the  water  that  may  be  collected  along  their  track 
by-  their  ditches  or  embankments. 

§ 5.  That  the  said  company  shall  at  all  times  at  their  own 
expense  keep  in  good  and  substantial  repair  the  bridges  erected  and 
built  by  them,  as  well  as  the  crossings  of  streets  and  alleys  at  this  time 
laid  out  and  opened,  and  shall  repair  and  keep  in  good  condition  the 
grades  by  them  made  on  the  streets  and  alleys  as  aforesaid,  and  that 
whenever  so  required  by  the  city  council,  shall  extend  and  widen  the 
the  bridges  over  their  track  on  Mill  and  Seminary  streets,  so  that  the 
said  bridges  and  grades  thereto  shall  be  of  the  same  width  of  the 
said  streets. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


141 


§ 6.  That  the  right  of  way  is  hereby  granted  to  the  D.,  U., 
B.  & P.  Railroad  Company,  over,  upon  and  along  Davis  street  from 
the  intersection  of  Oak  street  to  the  eastern  terminus  of  Davis  street, 
and  also  over,  upon  and  along  Clay  street  from  a point  twenty-two 
rods  east  of  Hazel  to  the  eastern  terminus  of  Clay  street,  with  the 
right  to  construct,  maintain  and  use  tracks  for  their  railroad  over, 
upon  and  along  the  portions  of  said  streets  above  described  forever, 
on  condition  that  said  railroad  company  shall  so  construct  their  track 
as  not  to  interfere  with  the  travel  on  said  streets,  except  by  the  passage 
of  their  trains ; and  also  on  the  further  condition  that  said  company 
shall,  in  laying  their  said  track  on  said  streets,  make  and  keep  such 
streets  always  in  a good  and  substantial  condition  for  public  travel,  use 
and  occupation ; and  also  on  the  further  condition  that  all  streets  and 
alleys  now  laid  out,  intersecting  or  entering  the  portions  of  said  Davis 
and  Clay  streets  used  and  occupied  by  said  company,  shall  be  so 
graded  that  the  said  Clay  street  may  be  entered  and  approached  by 
an  easy  and  convenient  grade ; and  also  on  the  further  condition  that 
said  railroad  company  shall  make  and  maintain  the  grade  of  the  pro- 
portions of  Clay  and  Davis  streets  the  same  with  the  grade  of  said 
road,  which  said  grade  is  hereby  established  as  the  grade  of  such  por- 
tions of  said  streets ; and  also  shall,  at  their  own  expense,  build,  erect, 
maintain,  and  keep  in  repair,  the  necessary  ditches,  water  ways, 
culverts,  or  other  means  of  conducting  water  along  or  across  their  said 
track  sufficient  to  discharge  or  carry  off  all  the  water  that  may  be 
brought  to  their  cuts  and  fills  in  said  streets  by  the  streets  and  alleys 
of  the  city ; and  so  construct  their  embankments  and  cuts  that  such 
water  may  be  discharged  without  injury  or  damage  to  private  property 
or  the  streets  and  alleys  of  the  city. 

§ 7 . That  said  railroad  company  in  constructing  their  said  road 
to  Clay  street,  have  permission  and  authority  to  construct,  erect,  grade 
and  maintain  their  tracks,  with  necessary  switches,  turn-tables  and 
side-tracks  over  and  across  Oak  street  and  alley  east ; William  street, 
Franklin  street  and  alley  east ; Walnut  street  and  alley  east ; Vermil- 
ion street  and  alley  east ; and  Hazel  street  and  alley  east ; and  the 
streets  and  alleys  east  thereof,  upon  the  same  conditions  on  which  the 
said  right  is  granted  over  and  across  the  streets  and  alleys  west  of 
Oak  street. 

§ 8.  This  ordinance  shall  not  take  effect  until  the  said  railroad 
company  shall  have  entered  into  a bond  with  the  city  of  Danville,  to 
be  filed  with  the  city  clerk  and  approved  by  the  city  council  of  said 
city,  conditioned  for  the  payment  of  any  and  all  costs,  expenses,  fees, 
charges  and  damage,  for  which  the  said  city  of  Danville  may  become 
or  be  held  liable  to  any  person  or  persons  by  reason  of  any  act  of  said 
railroad  company  in  laying  down  said  track  or  tracks,  or  building 
such  bridges  or  grading  the  streets  and  alleys  of  the  city,  and  also  for 
performing  the  requirements  of  this  ordinance  ; and  this  ordinance 


142 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


shall  not  take  effect  until  the  said  company  shall  have  obtained  the 
right  of  entry  upon  the  premises  of  private  parties  adjacent  to  such 
streets  as  are  hereby  allowed  to  be  used  by  said  company,  either  by 
agreement  with  such  private  parties,  or  by  process  of  condemnation 
under  the  statutes.  % 

§ 9.  That  the  said  company  shall  at  all  times  be  liable  to,  and 
conform  to,  all  ordinances  of  said  city,  in  regard  to  the  rate  of  speed 
of  moving  trains,  and  as  to  signals  on  crossing  streets  or  other  points, 
and  to  all  ordinances  in  relation  to  railroads  now  or  hereafter  to  be  in 
force. 

§ 10.  That  wherever  the  said  railroad  company  shall  have 
occasion  to  grade  any  of  the  streets  and  alleys  of  the  city,  the  grade 
shall  not  be  steeper  than  a raise  of  one  foot  in  five. 

Passed  and  approved  April  20,  1869. 


AN  ORDINANCE 

IN  RELATION  TO  THE  DANVILLE  AND  GRAPE  CREEK  RAILROAD 

COMPANY. 

§ i.  Be  it  ordained  by  the  City  Council  of  the  City  of  Danville , 
County  of  Vermilion  and  State  of  Illinois : That  the  Danville  and 

Grape  Creek  Railroad  Company,  its  successors,  lessees  or  assigns,  is 
hereby  authorized,  empowered  and  permitted  to  construct,  operate 
and  maintain  a single  or  double  track  railway,  in,  upon  and  across  the 
following  streets,  to  be  hereinafter  named  and  at  points  hereinafter 
designated,  to-wit:  Griggs  street,  in  said  city,  at  a point  four  hundred 
and  seventy-one  and  a half  feet  west  of  the  center  of  the  crossing  of  said 
Griggs  and  Collett  streets  in  said  city,  thence  south  by  east  in  upon 
and  across  all  intervening  alleys,  until  said  line  crosses  Wellington 
street  at  a point  five  hundred  and  ninety  feet  west  of  Collett  street ; 
thence  south  by  east,  in,  upon  and  across  all  intervening  alleys,  until 
said  line  crosses  Seminary  street  in  said  city,  at  a point  five  hundred 
eight  and  a half  feet  west  of  the  center  of  Collett  street;  thence  south 
by  east,  in,  upon  and  along  all  intervening  alleys,  until  said  line  crosses 
Herman  street  at  a point  four  hundred  feet  west  of  the  center  of  said 
Collett  street;  thence  south  by  east,  in,  upon  and  across  all  intervening 
alleys,  until  said  line  crosses  Anderson  street  at  a point  one  hundred 
and  nineteen  and  a half  feet  south  of  the  junction  of  Anderson  and 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


143 


Herman  streets;  thence  south  by  east,  in,  upon  and  across  all  inter- 
vening alleys,  until  said  line  crosses  Collett  street  at  a point  nine 
hundred  and  fifty  feet  north  of  east  Main  street,  or  what  is  known  as 
the  Covington  road  in  said  city  of  Danville  ; thence  south  by  east  to  a 
point  where  the  said  line  crosses  east  Main  street  at  a point  five  hun- 
dred and  nineteen  feet  east  of  the  center  of  the  junction  of  Collett  and 
Main  streets  in  said  city ; thence  south  by  east  to  a point  where  said 
line  is  surveyed  and  designated  to  a point  where  said  line  crosses  Bow- 
man Avenue,  nine  hundred  and  twenty-nine  and  a half  feet  on  a direct 
line  south  of  the  center  of  east  Main  street,  known  as  the  Covington 
road,  in  the  said  city  of  Danville.  However,  upon  the  following  condi- 
tions, limitations,  restrictions  and  provisions,  and  all  other  conditions, 
limitations,  restrictions  and  provisions,  that  may  hereafter  be  lawfully 
imposed  upon  said  company,  its  lessees,  successors,  operators  or 
assigns,  that  is  to  say : 

§ 2.  That  the  right  of  way  hereby  granted  to  the  Danville  and 
Grape  Creek  Railroad  Company,  in,  upon,  over  and  across  the  above 
mentioned  streets  and  alleys,  in  the  first  section  of.  this  ordinance,  is 
upon  the  following  conditions : Said  Danville  and  Grape  Creek  Rail- 

road Company  shall  pay  or  cause  to  be  paid,  all  damages  incurred  by  any 
private  property  holder  on  account  of  the  construction,  maintainance  or 
use  of  their  railroad  aforesaid,  in,  upon,  over  or  across  any  of  the  said 
streets  and  alleys  mentioned  and  named  in  the  first  section  of  this 
ordinance,  and  shall  save  and  keep  said  city  harmless  from  any  and 
all  loss,  damages,  suits  or  outlay  of  money  or  costs  on  account  of  or 
by  reason  of  the  construction  or  use  of  said  railroad  in,  upon  or  across 
any  of  the  above  mentioned  streets  or  intervening  alleys  by  reason  of 
a change  of  the  present  grade  of  the  aforesaid  streets  and  alleys 
crossed  by  said  railroad,  and  for  any  other  damages  that  may  arise 
from  the  construction  of  said  railroad  in  said  city  of  Danville. 

§ 3.  That  the  said  Railway  Company  shall  cross  Collett  street 
upon  a bridge  at  the  point  heretofore  designated  in  the  first  section  of 
this  ordinance : Said  bridge  to  be  erected  and  maintained  at  the 

said  railway  company’s  own  expense  and  cost  : Which  said  bridge 

shall  have  four  (4)  passage  ways  for  carriages  and  wagons,  each  of 
which  shall  be  not  less  than  twelve  (12)  feet  in  width  with  an  opening 
under  said  bridge  from  the  grade  of  said  street  to  the  bottom  of  the 
sills  of  said  bridge  above  mentioned,  of  not  less  than  twelve  (12)  feet, 
and  a sidewalk  passage  way  on  either  side  of  said  street  under 
said  bridge  of  the  same  height,  and  not  less  than  eight  (8)  feet  wide, 
to  be  erected  and  maintained  by  said  railroad  company  at  its  own 
expense : The  supports  of  the  aforesaid  bridge  are  to  be  placed 

parallel  with  the  length  of  said  street,  and  said  railroad  company,  its 
lessees  and  assigns,  are  expressly  prohibited  from  encroaching  or 
placing  any  earthwork  or  obstructions  of  any  kind  or  character  in, 
upon  or  along  any  of  the  above  mentioned  streets  and  alleys,  except 


144 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


the  supports  of  said  bridge,  and.  they,  the  said  supports,  are  not  to 
occupy  a space  in  width  to  exceed  eighteen  (18)  inches  of  any  one  of 
said  supports.  The  said  railroad  company,  its  lessees,  successors  and 
assigns,  are  expressly  prohibited  from  placing  any  frogs  or  connections 
of  their  main  track  with  any  side  track  in,  upon  or  across  any  of  the 
aforesaid  streets  or  alleys. 

§ 4.  That  said  company  shall  grade  said  streets  and  alleys  over, 
across  and  along  where  their  said  railway  passes,  in  accordance  with 
the  survey  and  profile  hereunto  attached,  marked  Exhibit  “A”  and 
“ B,  ” and  made  apart  of  the  fourth  section  of  this  ordinance.  (Orig- 
inal ordinance  with  exhibits  attached  on  file  in  City  Clerk’s  office.) 
That  said  roadway  of  said  company  where  the  same  crosses  any  and 
all  streets  and  alleys  in  said  city  shall  be  so  graded  that  said  streets 
and  alleys  may  be  entered  and  approached  by  an  easy  grade  as  to 
ingress  and  egress,  both  as  to  carriage  ways  and  sidewalks,  and  also  on 
the  further  condition  : That  said  railway  company  shall,  at  its  own 
expense,  build,  maintain  and  keep  in  repair,  the  necessar)  ditches, 
water  ways,  culverts  or  other  means  of  conducting  water  along  or 
across  their  said  track  or  tracks,  sufficient  to  discharge  or  carry  off  all 
the  water  that  may  be  brought  to  their  cuts  and  fills  on  said  street  or  by 
other  streets  and  alleys  of  said  city,  and  to  so  construct  their  embank- 
ments and  cuts,  that  such  water  may  be  discharged  without  injury  or 
damage  to  private  property  or  the  streets  and  alleys  of  said  city  of 
Danville,  and  the  city  reserves  the  right  to  discharge  the  water  off  and 
from  any  of  its  streets  and  alleys  into  the  said  railroad  company’s 
ditches  and  water  ways  aforesaid. 

§ 5.  It  shall  be  the  duty  of  said  railroad  company  in  making 
the  grade  of  its  said  roadway  in,  upon  or  across  the  streets  and 
intervening  alleys  aforesaid,  to  do  so  with  all  practicable  speed,  and 
they  are  at  no  time  to  obstruct  the  streets  of  the  said  city  in  the 
construction  of  said  roadway  so  that  wagons,  carriages,  teams  or 
foot  passengers  shall  be  obliged  to  travel  more  than  one  square  to 
pass  any  such  obstruction,  nor  for  a longer  time  than  three  days. 

§ 6.  That  after  said  roadway  shall  have  been  constructed,  and 
said  company,  its  lessees,  successors  or  assigns,  shall  have  begun  to 
operate  its  or  their  said  road  over,  across  and  upon  said  streets  and 
intervening  alleys  within  the  limits  of  said  city,  it  or  they,  at  no  time, 
shall  obstruct  the  crossing  of  any  of  the  said  streets  and  intervening 
alleys, over,  across  or  along  which  said  railway  line  passes,  by  leaving 
their  engine  or  engines,  car  or  cars,  train  or  trains  standing  on  said 
streets  or  intervening  alleys  for  a period  longer  than  five  minutes  at 
any  one  time,  except  in  case  of  accident  or  other  fortuitous  cause  or 
circumstance. 

£ 7.  That  said  company,  its  lessees,  successors  or  assigns,  shall, 
at  all  times  be  liable  and  conform  to  all  ordinances  ot  said  city  in 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


145 


regard  to  the  rate  of  speed  of  moving  trains  and  as  to  signals  on  cross- 
ing or  other  points,  and  to  all  ordinances  in  relation  to  railroads  now 
or  hereafter  to  be  enacted  by  the  city  council  in  relation  to  railroads. 

§ 8.  That  whenever  the  said  railroad  company  shall  grade  or 
change  the  grade  of  any  of  the  streets  or  alleys  within  the  said  city  of 
Danville,  said  grade  shall  not  be  steeper  than  a rise  of  one  foot  in 
ten,  nor  with  a decline  or  fall  to  the  crossing  of  said  roadway  of  over 
one  foot  in  ten,  and  all  such  grading  or  changing  of  grades  shall  be 
done  under  the  supervision  of  the  acting  city  engineer  or  his  duly 
authorized  deputy,  and  shall  conform  to  his  plans  and  specifications, 
and  such  grading  or  changing  of  grades  shall  be  done  at  the  expense 
of  said  railroad  company. 

§ 9.  That  the  said  Danville  and  Grape  Creek  Railroad  Com- 
pany shall  enter  into  a bond  in  the  sum  of  one  hundred  thousand 
($100,000)  dollars  to  indemnify  the  said  City  of  Danville  and  all  who 
may  be  damaged  by  reason  of  the  building,  maintaining  and  operating 
of  said  railroad  with  good  and  sufficient  surety,  to  be  filed  with  the 
city  clerk  and  approved  by  the  city  council  of  said  city,  conditioned 
for  the  payment  of  any  and  all  costs,  expenses,  fees,  changes  and 
damages,  for  which  the  said  City  of  Danville  may  become  liable 
or  be  held  to  any  person  by  reason  of  any  act  of  said  railroad 
company  in  laying  down  said  track  or  tracks,  or  building  such 
bridge  or  bridges,  or  grading  the  streets  and  intervening  alleys 
aforesaid,  upon,  over  and  across  which  said  railroad  company’s  line 
passes,  and  also  for  the  performing  of  all  other  requirements  of  the 
ordinance  and  all  other  ordinances  pertaining  to  railroads  or  that  may 
hereafter  be  passed  in  relation  to  railroads  by  the  said  City  of  Dan- 
ville, also  conditioned  that  said  railroad  company  shall  have  first 
obtained  the  right  of  entry  upon  the  premises  of  private  parties  adja- 
cent to  such  streets  and  intervening  alleys  as  are  hereby  allowed  to  be 
used  by  said  company,  either  by  agreement  with  such  private  parties 
or  by  process  of  condemnation  under  the  statutes  in  such  cases  made 
and  provided,  and  shall  pay  such  damages  as  may  be  found  to  be  due 
any  private  person  or  persons  before  entering  upon  and  taking  his  or 
their  property. 

§ 10.  That  in  the  event  said  railroad  company,  its  lessees,  suc- 
cessors or  assigns,  shall  fail  or  neglect  or  refuse  to  comply  with  any  or 
either  of  the  terms  or  conditions  above  set  forth,  or  any  part  thereof, 
the  city  council  of  the  City  of  Danville  hereby  reserves  the  right,  and 
may,  without  notice  to  the  said  Danville  and  Grape  Creek  Railroad 
Company,  its  lessees,  successors  or  assigns,  person  or  persons  operating 
said  railroad  track  or  tracks,  revoke  or  repeal  this  ordinance  so  far  as 
the  same  grants  permission  to  use  said  streets  and  intervening  alleys 
mentioned  in  the  first  section  of  this  ordinance  and  to  require  such 
track  or  tracks  to  be  taken  up  and  removed  from  and  across  said  streets 
and  intervening  alleys  in  said  city  of  Danville. 


146 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


§ ii.  This  ordinance  to  be  in  full  force  and  effect  from  and 
after  its  passage,  approval  and  of  the  filing  and  approval  of  the  bond 
required  by  the  ninth  section  of  this  ordinance  by  the  City  Council 
of  the  said  City  of  Danville,  Vermilion  county,  Illinois. 

Passed  and  approved  this  ioth  day  of  April,  A.  D.  1880. 


IN  RELATION  TO  THE  CHICAGO  AND  EASTERN  ILLINOIS  RAILROAD 
COMPANY  AND  THE  DANVILLE  AND  GRAPE  CREEK  RAILROAD  COM- 
PANY. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Danville , That 
the  Chicago  and  Eastern  Illinois  Railroad  Company  and  the  Danville 
and  Grape  Creek  Railroad  Company,  their  lessees,  successors  and 
assigns,  are  hereby  authorized  and  permitted  to  construct,  operate  and 
maintain  a single  or  double  railroad  track  and  side-tracks,  in,  upon, 
through  and  along  Junction  street  in  said  city  from  the  Indianl,  Bloom- 
ington & Western  Railroad  north  to  the  intersection  of  Collett  street, 
and  also  across  such  streets  and  alleys  as  the  line  of  said  railroads 
crosses.  However , upon  the  following  terms  and  conditions,  limita- 
tions and  restrictions  and  none  other,  that  is  to  say : 

§ 1.  Said  Chicago  and  Eastern  Illinois  Railroad  Company  and 
the  Danville  and  Grape  Creek  Railroad  Company  shall  pay  all  dam- 
ages incurred  by  any  property  holder  on  account  of  the  construction 
or  use  of  their  said  railroads  in,  upon,  through  and  along  said  Junc- 
tion street,  or  on  account  of  the  crossing  of  any  streets  and  alleys  of 
said  city,  and  save  and  keep  said  city  harmless  from  all  loss,  damage, 
suits  or  outlays  of  money  or  costs,  on  account  of,  or  by  reason  of  the 
construction  or  use  of  the  aforesaid  railroads  in,  upon,  through  and 
along  Junction  street  or  across  the  aforesaid  streets  and  alleys. 

§ 2.  Said  Chicago  and  Eastern  Illinois  Railroad  Company  and  the 
Danville  and  Grape  Creek  Railroad  Company  shall  immediately  grade 
and  fill  said  Junction  street  the  full  width  of  said  street,  and  up  to  the 
level  of  the  grade  of  said  railroad  tracks  from  the  Indiana,  Blooming- 
ton and  Western  Railroad  north  to  the  intersection  of  Collett  street, 


Attest : 

A.  C.  Freeman, 

City  Clerk. 


L.  T.  DICKASON, 

Mayor. 


AN  ORDINANCE 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


147 


and  said  railroad  companies,  their  lessees,  successors  and  assigns, 
shall,  at  all  times  hereafter  repair,  keep  and  maintain  the  grade  of  said 
street  in  its  full  width  up  to  the  level  of  the  grade  of  said  railroad 
tracks. 

§ 3.  Said  Chicago  and  Eastern  Illinois  Railroad  Company  and 
the  Danville  and  Grape  Creek  Railroad  Company,  their  lessees,  suc- 
cessors or  assigns,  shall,  at  all  times  conform  to,  comply  with  and  abide 
by  all  ordinances  now  in  force,  or  that  may  be  hereafter  enacted  by 
the  city  authorities  for  the  government  of  railroads  within  said  city, 
and  also  comply  with  any  requirements  which  said  city  council  may 
hereafter  enact  under  its  special  charters  or  by  general  laws  of  the 
State  now  in  force  or  hereafter  passed  with  respect  to  said  Chicago 
and  Eastern  Illinois  Railroad  Company  and  the  Danville  and  Grape 
Creek  Railroad  Company  in  particular  or  for  the  government  of  the 
railroads  within  the  city  generally. 

§ 4.  That  in  the  event  that  said  railroad  companies,  their 
lessees,  successors  or  assigns  shall  fail,  neglect  or  refuse  to  comply 
with  any  or  either  of  the  terms  or,  conditions  above  set  forth,  or  any 
part  thereof  the  City  Council  of  the  City  of  Danville  hereby  reserve 
the  right,  and  may  without  notice  to  any  or  either  of  the  said  com- 
panies or  comporations,  person  or  persons  operating  said  Railroad 
track  or  tracks  as  aforesaid,  revoke  or  repeal  this  ordinance  so  far  as 
the  same  grants  permission  to  use  Junction  street  from  the  Indiana, 
Bloomington  and  Western  Railroad  north  to  the  intersection  of  Collet 
street,  for  said  track  or  tracks  as  aforesaid,  or  to  cross  said  streets  and 
alleys. 

This  ordinance  to  take  effect  from  and  after  its  passage  and  due 
publication,  provided , the  Chicago  and  Eastern  Illinois  Railroad 
Company  open,  or  cause  to  be  opened  and  dedicate  or  otherwise  con- 
vey to  to  the  City  of  Danville,  that  portion  of  Section  street  north  of 
the  Evansville,  Terre  Haute  and  Chicago  Railroad  to  Fairchild  street ; 
also  secure  to  the  City  of  Danville  the  right  of  way  along  and  across 
the  Evansville,  Terre  Haute  and  Chicago  Railroad,  and  the  Indiana, 
Bloomington  and  Western  Railroad,  the  same  to  be  done  without  any 
expense  to  the  City  of  Danville,  and  when  said  Section  street  is  dedi- 
cated or  deeded  to  the  city  and  the  right  of  way  over  the  above  rail- 
roads is  granted  to  the  city,  then  this  ordinance  to  be  in  full  force 
and  effect. 

Passed  and  approved,  this  4th  day  of  November,  A.  D.  1880. 

Attest : 


A.  C.  Freeman, 

City  Clerk. 


L.  T.  DICKASON, 

Mayor. 


148 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


AN  ORDINANCE 

PROVIDING  FOR  A SUPPLY  OF  WATER  TO  THE  CITY  OF  DANVILLE 
AND  ITS  INHABITANTS;  AUTHORIZING  THE  DANVILLE  WATER 
COMPANY  TO  CONSTRUCT  AND  MAINTAIN  WATER  WORKS;  CON- 
TRACTING WITH  SAID  COMPANY  FOR  A SUPPLY  OF  WATER  FOR 
PUBLIC  USE.  AND  GIVING  SAID  CITY  AN  OPTION  TO  PURCHASE 
SAID  WORKS. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Danville , in 
manner  following,  that  is  to  say  : 

§ i.  The  Privilege  is  hereby  granted  to  the  Danville  Water 
Company,  a corporation  duly  organized  and  existing  under  the  laws 
of  the  State  of  Illinois,  and  to  its  successors  and  assigns,  for  thirty 
years  from  the  passage  of  this  ordinance,  to  construct  and  maintain 
within  and  near  the  City  of  Danville,  water  works  for  supplying  the 
said  city  and  the  inhabitants  thereof  and  of  the  adjacent  municipali- 
ties and  territory  with  water  for  public  and  private  uses,  and  to  use 
the  streets,  alleys,  sidewalks  and  public  grounds,  and  the  rivers, 
streams  and  bridges  of  the  City  of  Danville  within  its  present  and 
future  corporate  limits  for  placing,  taking  up  and  repairing  mains, 
hydrants  and  other  structures  and  devices  requisite  for  the  service  of 
water. 

§ 2.  The  source  of  water  supply  shall  be  the  North  Fork  of  the 
Vermilion  river  at  a point  above  the  present  sewage  of  the  City  of 
Danville  north  of  Fairchild  street.  The  pump  house  shall  be  of  stone 
or  brick,  of  ample  size  to  accommodate  the  machinery  of  the  said 
water  company,  and  there  shall  be  two  pumping  engines  of  modern 
and  appropriate  style  and  good  efficiency,  having  an  aggregate  pump- 
ing capacity  of  four  million  gallons. of  water  in  twenty-four  hours. 
There  shall  be  a stand-pipe  as  part  of  the  water  works  system,  not  less 
than  one  hundred  and  fifty  feet  high.  All  the  mains  used  in  the  said 
construction,  shall  be  tested  at  their  place  of  manufacture,  before 
being  laid,  under  a pressure  of  three  hundred  pounds  to  the  square 
inch,  and  they  shall  be  of  suitable  size  to  furnish  an  abundant  supply 
of  water  for  present  and  future  requirements.  The  fire  hydrants 
rented  by  said  city  as  hereinafter  stated,  shall  be  of  modern  and 
appropriate  style  and  good  efficiency,  with  frost  jacket,  and  with 
double  delivery,  fitted  to  connect  with  the  hose  coupling  now  in  use 
by  the  fire  department  of  said  city.  Written  notice  being  given  by 
said  company  to  said  City  of  Danville,  there  shall  be  a test  of  the 
power  and  capacity  of  said  water  works  on  their  completion,  wheii 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


149 


they  shall  throw  from  separate  hydrants  in  the  business  portion  of 
said  city  six  simultaneous  fire  streams  through  a fifty  feet  section  of 
hose  and  a one  inch  nozzle,  to  a height  of  one  hundred  feet,  and 
when  they  shall  throw  at  another  time  from  separate  hydrants  in  other 
portions  of  the  said  city  four  simultaneous  effective  fire  streams. 

§ 3.  The  said  water  company  shall  commence  in  good  faith  the 
construction  of  said  water  works  within  sixty  days  from  the  passage 
and  approval  of  this  ordinance,  and  shall  have  in  successful  operation 
at  least  eight  miles  of  water  mains  in  said  city  in  the  month  of  Sep- 
tember, in  the  year  1883,  and  shall  have  the  said  works  fully 
completed  with  ten  miles  of  water  mains  in  said  city,  in  the  month  of 
December,  in  the  year  1883.  The  lines  of  water  mains  shall  be  so 
located  and  laid  as  to  afford  fire  protection  to  the  several  wards,  there 
being  no  less  than  one  mile  of  mains  in  each  ward. 

§ 4.  All  mains  shall  be  so  located  and  laid  as  not  to  interfere 
unnecessarily  with  any  pipes,  mains,  conduits  and  sewers  existing  at 
the  time  of  such  location  and  laying.  There  shall  be  no  unreasonable 
or  unnecessary  obstruction  of  the  streets,  alleys,  sidewalks  or  public 
grounds  of  the  said  city  by  said  water  company  in  constructing  the 
said  works  or  in  placing,  taking  up  or  repairing  any  mains,  hydrants 
or  other  structures  or  devices  requisite  for  the  service  of  water,  and 
the  said  water  company,  after  using  the  said  streets,  alleys,  sidewalks 
and  public  grounds,  shall  restore  them  within  a reasonable  time  as 
nearly  as  practicable  to  their  former  condition,  and  shall  hold  the  said 
city  harmless  from  any  and  all  damages  arising  from  negligence  or 
mismanagement  of  said  water  company  or  its  employees,  in  construct- 
ing, extending  or  operating  said  works.  In  all  street  excavations  the 
said  water  company  shall  keep  red  danger  lights  burning  at  night 
along  the  line  of  the  same.  At  least  one  light  to  every  one  hundred 
and  fifty  feet,  and  shall  erect  and  maintain  sufficient  barricades  at  the 
ends  of  said  excavations  and  at  all  streets  and  alleys  where  they  cross 
said  excavations.  If  the  said  city  shall  change  the  surface  of  any 
street  or  alley  in  which  the  said  water  company  shall  have  laid  a main, 
and  if  such  change  shall  exceed  one  foot,  and  if  the  said  water  com- 
pany shall  relay  its  said  main  on  account  of  such  change,  then  the 
said  city  shall  reimburse  to  the  said  water  company  the  actual  cost 
thereof. 

§ 5.  If  at  any  time  it  shall  appear  that  the  said  water  company 
by  extending  its  mains  will  derive  a steady  additional  revenue  of  not 
less  than  one  hundred  dollars  per  annum  for  every  three  hundred  feet 
of  such  extension,  either  from  responsible  private  consumers  secured 
by  written  agreement,  or  from  the  rental  of  public  fire  hydrants  upon 
the  terms  hereinafter  stated,  then  the  city  council  may  by  ordinance 
require  the  said  water  company  to  make  such  extension  without  unne- 
cessary delay.  But  at  the  expiration  of  thirty  years  from  the  passage 


150 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


and  approval  of  this  ordinance,  all  right  of  said  city  of  requiring 
extensions  shall  cease,  unless  the  rights,  privileges  and  contract  hereby 
granted  and  made  shall  have  been  renewed. 

§ 6.  The  said  water  company  shall  not  charge  to  consumers 
during  the  continuance  of  the  franchises  granted  by  this  ordinance 
exceeding  the  following  maximum  annual  rates.  But  it  shall  have  the 
right  at  its  will  at  any  time,  to  insert  a meter  into  the  service  pipe  of 
any  consumer  and  to  supply  him  at  meter  rates : 

Banks,  with  one  basin $ io  oo 

Bakery,  each  oven io  oo  to  30  00 

Barber  shop,  first  chair 6 00 

Barber  shop,  each  additional  chair 3 00 

Bath,  without  heating  apparatus,  private 4 00 

Bath,  with  heating  apparatus,  private 5 00 

Bath,  in  boarding  house  or  hotel,  first  tub...  8 00 

Bath,  in  boarding  house  or  hotel,  each  addi- 
tional tub 4 00 

Bath,  public,  not  less  than 12  00 

Brewery,  per  barrel  brewed 05 

Billiard  saloon,  each  table 4 00 

Boarding  house,  per  room  (no  license  less 

than  #10  00)..., 1 50 

Book  bindery,  not  less  than 10  00 

Brick  work,  per  1,000  laid  10 

Brick  yard,  each  gang  of  hands 25  00 

Butcher  shop,  steam  extra 10  00 

Candy  manufacturers 15  00  to  30  00 

Cigar  manufacturers  (no  license  less  than 

$10  00)  per  hand 2 00 

Confectioners 10  00  to  30  00 

Cow,  each 2 00 

Distilleries,  for  each  barrel  distilled 10 

Dyeing  and  scouring 10  00  to  30  00 

Fcrge,  first  fire 5 00 

Forge,  each  additional  fire 2 00 

Fountain  six  months  (running  not  more  than 

6 hours  per  day)  according  to  size  of  jet  12  00  to  50  00 

Halls  and  theatres 12  00  to  30  00 

Horse,  one,  including  washing  carriage 4 00 

Horse,  each  additional 2 00 

Horse  for  private  stable,  not  less  than 3 00 

Hotel,  per  room special. 

Ice-cream  saloon 10  00  to  20  00 

Laundry 24  00  to  100  00 

Offices  or  sleeping  rooms 5 00  to  10  00 

Oyster  saloons 10  00  to  20  00 


ORDINANCES  OF  THE  CITY  OF  DANVILLE.  151 


Printing  offices,  six  hands  or  less  (engine  ex- 
tra)   $ 12  OO 

Printing  office,  each  additional  hand i 50 

Photograph  Galleries 10  00  to  15  00 

Plastering,  per  square  yard 

Residence,  occupied  by  one  family  for  do- 
mestic use  one  to  three  rooms 5 00 

Residence,  each  additional  room 1 00 

Restaurant  12  00  to  20  00 

Saloons 10  00  to  30  00 

Sprinkling,  private  garden,  ^ hose,  yi  noz- 
zle, first  50  yards  per  square  yard 04 

Sprinkling,  all  over  50  yards,  per  sq.  yard...  02 

Sprinkling  carts,  per  month Special. 

Sprinkling  sidewalk  to  center  of  street, 
hose,  yi  inch  nozzle,  1 y2  hours  per  day 
(no  license  less  than  $5  00)  per  foot 

front  10 

Stable,  livery,  board  or  sale,  6 horses  or  less 

including  carriage  washing 12  00 

Stable,  each  additional  stall 1 50 

Steam  boilers,  rated  per  horse  power,  from 
one  to  ten  horse  power  (working  ten 

hours  per  day) 4 00 

Steam  boilers,  each  additional  up  to  twenty  3 00 

Steam  boilers,  over  twenty Special. 

Stone  work,  per  perch 07 

Stores  and  shops 8 00  to  20  00 

Tenement,  (no  license  less  than  $6  00)  per 

room 1 50 

Tobacco  manufacturers,  (no  license  less 

than  $5  00)  per  hand 1 50 

Urinal  basins... 6 00  to  12  00 

Water  closets,  private  5 00 

Water  closets,  public 10  00 

Wash  basins,  in  dwelling 2 00 

Wash  basins,  in  Hotel 3 00 

METER  RATES. 

100  to  500  gal.  per  day,  per  100  gallons 05 

500  to  1500  gal.  per  day,  per  100  gallons 04 

1500  to  3000  gal.  per  day,  per  100  gallons...  °3/^ 

3000  to  5000  gal.  per  day,  per  100  gallons..  03 

5000  to  10,000  gal.  per  day,  per  100  gallons  02^ 

10,000  or  more  gal.  per  day,  per  100  gallons  02 

The  rates  in  this  section  prescribed,  shall  be  paid  quarterly,  ex- 
cept sprinkling  rates,  which  shall  be  paid  for  the  season. 


152 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


§ 7.  At  the  expiration  of  five,  ten  and  twenty  years  after  the 
completion  of  said  works,  and  at  the  expiration  of  said  term  of  thirty 
years,  and  at  the  expiration  of  any  renewed  term  thereof,  said  city 
shall  have  the  right  to  purchase  said  works  with  its  privileges  and 
property  at  a fair  valuation,  to  be  ascertained  as  follows:  In  the 

event  said  city  and  said  water  company  shall  fail  to  agree  on  the  price, 
three  disinterested  appraisers  of  good  intelligence,  not  residents  of 
the  county  of  Vermilion,  shall  be  chosen  and  sworn  to  determine 
the  value  thereof.  One  to  be  appointed  by  the  said  city,  one  by  the 
said  water  company,  and  the  third  by  the  two  so  appointed.  When 
said  three  persons  shall  have  been  so  chosen,  and  before  they  deter- 
mine said  value,  the  said  city  and  the  said  water  company  shall  each 
at  their  option  have  the  right  to  call  non-resident  experts,  not  exceed- 
ing three  in  behalf  of  each  party  to  give  testimony  under  oath  before 
said  three  appraisers  as  to  such  value.  The  said  three  appraisers  shall 
then  proceed  to  determine  such  value,  and  in  so  doing,  they  shall 
take  into  consideration  the  productive  value  of  the  said  water  works, 
rights,  privileges  and  property.  And  in  the  event  there  being  no 
existing  fire  hydrant  contract  with  said  city  at  the  date  of  such  ap- 
praisement, the  last  existing  contract  shall  be  included  in  the  estimated 
productive  value,  as  though  still  in  existence.  When  the  three  or 
their  majority  shall  have  made  an  award  in  writing,  ten  per  centum 
shall  be  added  to  the  amount  thereof : Provided  the  appraisal  be 

made  at  the  expiration  of  five  years,  but  no  per  centum  shall  be  added 
to  the  ascertained  value  of  said  property  after  the  first  period  of  five 
years.  And  the  said  city  shall  then  have  the  option  of  refusing  to  pay 
after  such  award  shall  have  been  made,  or  of  paying  in  cash  to  said 
water  company  within  three  months  from  the  date  of  said  award,  the 
amount  thereof  and  the  said  additional  ten  per  centum  thereon.  If 
the  said  city  shall  refuse  to  purchase  as  aforesaid,  it  shall  pay  the 
necessary  expenses  incurred  in#making  of  said  award.  The  said  city 
shall,  in  such  purchase,  assume  and  perform  all  unfinished  contracts 
made  by  said  water  company  for  furnishing  water,  and  shall  assume 
and  pay  all  debts  and  obligations  of  said  company,  not  exceeding  in 
amount  the  said  purchase  money  to  be  paid  by  said  city.  And  all  sums 
so  paid  shall  be  in  part  discharge  of  said  purchase  money.  But  if  said 
city  shall  determine  to  avail  itself  of  this  right  to  purchase,  it  shall,  in 
all  cases,  give  written  notice  to  the  said  water  company  of  such  deter- 
mination, at  least  one  year  before  the  expiration  of  said  privileges,  or 
before  the  other  appointed  dates  of  purchase. 

§ 8.  In  consideration  of  the  benefits  which  will  be  derived  by 
the  said  city  and  its  inhabitants  from  the  construction  and  operation 
of  the  said  water  works,  and  in  further  consideration  of  the  water 
supply  hereby  secured  for  public  uses,  and  as  the  inducement  to  said 
water  company  to  accept  the  provisions  of  this  ordinance  and  con- 
tract, and  to  enter  upon  the  construction  of  said  water  works,  the 


ORDINANCES  OF  THE  CITY  OF  DANVILLE.  153 


rights  and  privileges  hereby  granted  to  and  vested  in  said  water  com- 
pany shall  remain  in  force  and  effect  for  thirty  years  from  the  passage 
of  this  ordinance;  and  for  the  same  consideration  and  as  the  same 
inducement,  the  City  of  Danville  hereby  rents  of  the  Danville  Water 
Company  for  the  uses  hereinafter  stated,  one  hundred  fire  hydrants  of 
the  character  hereinbefore  described,  for  and  during  the  term  of 
thirty  years  from  the  passage  of  this  ordinance,  and  agrees  to  locate 
them  promptly  along  the  line  of  the  street  mains,  on  demand  of 
said  water  company,  and  on  submission  by  it  to  said  city  of  a plan  of 
the  location  of  said  street  mains,  and  agrees  to  use  the  said  hydrants 
carefully  and  to  pay  said  water  company  for  any  injury  which  may 
happen  to  any  of  them  when  used  by  any  officer,  servant  or  member 
of  the  fire  department  of  said  city,  and  agrees  to  pay  rent  for  said  one 
hundred  hydrants  at  the  rate  of  seventy-five  dollars  each  per  year,  and 
agrees  to  pay  during  the  unexpired  term  of  said  ordinance  and  privilege, 
for  any  additional  fire  hydrants  which  the  city  may  hereafter  locate,  at 
the  rate  of  sixty- two  and  fifty  one  hundredths  dollars  each,  per  year, 
for  the  next  forty  additional  hydrants,  and  for  all  fire  hydrants  in  excess 
of  one  hundred  and  forty,  at  the  rate  of  fifty  dollars  each,  per  year  ; all 
of  which  sums  shall  be  paid  by  said  city  to  said  water  company,  be- 
ginning from  the  dates  when  each  of  such  hydrants  shall  be  put  into 
successful  operation,  in  quarter-yearly  installments  on  the  first  days  of 
February,  May,  August  and  November  of  each  year,  and  terminating 
upon  the  expiration  of  said  term  of  thirty  years,  or  upon  the  purchase 
of  said  works  and  their  privileges  and  property  by  the  said  city. 

§ 9.  The  fire  hydrants  rented  by  said  city  of  the  said  water 
company  shall  be  used  only  for  the  extinguishment  of  fires,  and 
shall  constantly  furnish  effective  fire  streams  without  the  aid  of  port- 
able engines,  and  flushing  gutters  and  sewers  through  a hose  and  fire 
nozzle.  In  flushing,  no  one  hydrant  shall  be  used  exceeding  ten 
minutes  in  one  week,  nor  shall  more  than  one  hydrant  opening  be 
turned  on  at  the  same  time,  nor  shall  any  flushing  be  done  during 
the  existence  of  a fire  or  without  notice  to  the  water  company. 

§ 10.  The  said  water  company  shall  constantly  keep  all  fire 
hydrants  rented  of  it  by  said  city  supplied  with  water  for  fire  service, 
and  shall  maintain  them  in  effective  working  order.  The  chief  of 
the  fire  department  of  said  city,  or  in  his  absence  the  officer  in  charge 
thereof  shall  have  charge  and  control  of  said  fire  hydrants,  and  may  at 
any  time  cause  such  hydrants  to  be  inspected,  and  if  on  such  inspect- 
ion any  of  said  hydrants  are  found  to  be  out  of  working  order,  he 
shall  forthwith  notify  said  water  company  in  writing,  specifying  the 
hydrant  or  hydrants  out  of  working  order,  and  shall  also  report  to 
the  city  council  the  date  of  such  examination  and  the  result  thereof, 
and  his  subsequent  action  in  the  premises.  And  in  case  any  such 
hydrant  shall  remain  out  of  repair  for  one  week  or  more  after  the 
said  water  company  shall  have  been  so  notified  in  writing,  the  said  city 


154 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


shall  be  entitled  to  deduct  from  said  hydrant  rental  account,  the  sum  of 
ten  dollars  per  week  so  long  [as]  such  hydrant  is  not  in  working  order; 
provided , that  the  total  amount  so  deducted  shall  not  exceed  double 
the  yearly  rental  of  such  hydrant  or  hydrants.  And  in  case  that  the 
said  water  company,  after  said  water  works  shall  have  been  completed 
and  in  successful  operation,  shall  suffer  a suspension  of  the  supply  of 
water  for  both  domestic  and  fire  purposes  exceeding  thirty  days,  then 
and  in  that  case  said  water  company  shall  forfeit  all  privileges  hereby 
granted,  unless  such  suspension  shall  have  been  caused  by  circum- 
stances beyond  the  control  of  the  said  water  company. 

§ ii.  The  said  water  company  or  assigns,  in  consideration  of 
said  city  renting  such  number  of  fire  hydrants,  hereby  agree  to 
gratiutously  furnish  and  erect  a combined  spray  and  drinking  foun- 
tain for  man  and  beast,  flowing  twelve  hours  per  diem,  (and  not 
exceeding  two  thousand  gallons  per  diem),  on  the  public  square  in 
said  city;  and  also  to  furnish  free,  water  for  said  fountain,  and  in 
addition  thereto,  water  for  two  additional  drinking  fountains,  flowage 
not  to  exceed  one  thousand  gallons  each  per  diem,  fountains  to  run 
except  during  freezing  weather,  also  water  free  for  all  city  offices  and 
quarters  of  the  fire  department  situated  on  lines  of  water  mains  in 
said  city,  (for  drinking  and  washing  purposes),  for  and  during  the 
term  and  continuance  of  this  privilege  and  ordinance.  Whenever 
the  city  council  shall  decide  to  erect  additional  public  drinking 
fountains  for  man  and  beast,  such  fountains  shall  be  located  on  the 
lines  of  water  mains  at  such  point  or  points  as  the  city  council  may 
designate,  the  annual  rental  of  such  additional  fountains  shall  be  one 
hundred  dollars  each  per  annum,  payable  quarterly  as  for  fire  hy- 
drants. All  public  drinking  fountains  shall  be  provided  with  auto- 
matic valves  or  shall  furnish  a constant  flowing  stream  through  a 
small  orifice,  at  the  option  of  said  water  company  or  assigns  to  prevent 
the  waste  of  water. 

§ 12.  The  said  water  company  shall  provide  and  maintain  at  its 
own  expense,  a telephone  or  other  electric  line  affording  connection 
between  its  pump  house  and  each  principal  fire  department  station, 
for  use  during  fires,  the  city  to  furnish  its  own  instruments. 

§ 13.  The  said  city  shall  adopt  and  enforce  ordinances  pro- 
tecting the  said  water  company  in  the  safe  and  unmolested  exercise 
of  these  franchises,  and  against  fraud  and  imposition,  and  against 
injury  to  its  property  and  waste  of  water  by  consumers,  and  the  said 
water  company  may  make  and  enforce  as  part  of  the  conditions  upon 
which  it  will  supply  water  to  consumers,  all  needful  rules  and  regu- 
lations not  inconsistent  with  law. 

§ 14.  This  ordinance  shall  become  binding  as  a contract  on 
the  said  city  of  Danville  in  the  event  that  the  said  Danville  Water 
Company  shall,  within  ten  days  from  the  passage  and  publication  of 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


155 


this  ordinance,  file  with  the  city  clerk  of  said  city  its  written  accept- 
ance of  the  terms,  obligations  and  conditions  of  this  ordinance,  and 
upon  such  acceptance  this  ordinance  shall  constitute  the  contract, 
and  shall  be  the  measure  of  the  rights  and  liabilities  of  the  said  city 
and  of  the  said  water  company. 

§ 15.  All  ordinances  and  parts  of  ordinances  inconsistent  with 
the  provisions  of  this  ordinance,  and  especially  the  ordinance  en- 
titled: “An  ordinance  to  provide  for  the  construction  and  mainte- 

nance of  water  works  for  the  supply  of  water  to  the  city  of  Danville, 
Illinois,  and  its  inhabitants,  and  for  the  prevention  and  extinguishment 
of  fires  in  said  city,”  passed  and  approved  April  22,  1882,  are  hereby 
repealed,  and  this  ordinance  shall  take  effect  from  and  after  its 
passage  and  publication. 

Passed  and  approved  this  9th  day  of  November,  A.  D.  1882. 


1,  A.  C.  Freeman,  City  Clerk  of  the  city  of  Danville,  Ills., 
hereby  certify  that  the  foregoing  ordinance  was  published  in  the 
“Daily  Commercial”  (the  same  being  a newspaper  published  in  said 
City  of  Danville)  dated  Nov.  nth,  A.  D.  1882. 


Attest : 

A.  C.  Freeman, 

City  Clerk. 


L.  T.  DICKASON, 

Mayor. 


A.  C.  FREEMAN, 


City  Clerk. 


156 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


AN  ORDINANCE 

TO  AMEND  AND  CARRY  OUT  AN  ORDINANCE  OF  THE  CITY  COUNCIL 
OF  THE  CITY  OF  DANVILLE,  ENTITLED  “AN  ORDINANCE  PRO- 
VIDING FOR  A SUPPLY  OF  WATER  TO  THE  CITY  OF  DANVILLE 
“AND  ITS  INHABITANTS,  AUTHORIZING  THE  DANVILLE  WATER 
“COMPANY  TO  CONSTRUCT  AND  MAINTAIN  WATER  WORKS; 
“CONTRACTING  WITH  SAID  COMPANY  FOR  A SUPPLY  OF  WATER 
“ FOR  PUBLIC  USE,  AND  GIVING  SAID  CITY  AN  OPTION  TO  PUR- 
CHASE SAID  WORKS,”  PASSED  AND  APPROVED  NOVEMBER 
9TH,  A.  D.  1882. 

Whereas:  The  Danville  Water  Company  has  commenced  in 

good  faith  the  construction  of  its  water  works  within  sixty  days  from 
the  passage  and  approval  of  an  Ordinance  of  the  City  Council  of  the 
City  of  Danville,  entitled  “An  Ordinance  providing  for  a supply  of 
“ water  to  the  city  of  Danville  and  its  inhabitants,  authorizing 
“the  Danville  Water  Company  to  construct  and  maintain  water 
“works,  contracting  with  said  company  for  a supply  of  water  for 
“ public  use,  and  giving  said  city  an  option  to  purchase  said  works” 
passed  and  approved  November  9th,  A.  D.  1882;  which  commence- 
ment in  good  faith  of  said  construction  is  hereby  acknowledged ; and, 

Whereas  : The  Danville  Water  Company  has  submitted  to  the 
city  of  Danville,  a plan  of  the  location  and  sizes  of  its  street  mains, 
and  the  city  of  Danville  has  thereupon  on  demand  of  said  Water 
Company  located  on  said  street  mains  the  one  hundred  hydrants 
rented  by  the  said  city  of  Danville  of  the  said  Water  Company:  and, 

Whereas  : The  Danville  Water  Company  proposes,  in  addition 
to  connecting  its  works  for  a water  supply  with  the  North  Fork  of  the 
Vermilion  river  at  a point  above  the  present  sewage  of  the  city  of 
Danville,  north  of  Fairchild  street,  to  dig  a well  or  wells  north  of 
Fairchild  street,  in  the  vicinity  of  its  pumping  station,  and  to  util- 
ize for  water  supply  the  water  pumped  by  it  from  such  well  or  wells 
so  dug : 

Now , for  amendment  of  said  ordinance  in  conformity  with  the 
foregoing , and  for  the  purpose  of  carrying  out  the  said  ordinances: 

Be  it  ordained  by  the  City  Council  of  the  City  of  Danville , in 
manner  following , that  is  to  say  : 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


157 


^ i.  That  section  2 of  an  ordinance  of  the  City  of  Danville, 
entitled  : “An  ordinance  providing  for  a supply  of  water  to  the  City 
“of  Danville  and  its  inhabitants,  authorizing  the  Danville  Water 
“Company  to  construct  and  maintain  water  works;  contracting 
“with  said  company  for  a supply  of  water  for  public  use,  and 
“giving  said  city  an  option  to  purchase  said  works;”  passed  and 
approved  November  9th,  1882,  which  reads  as  follows: 

§ 2.  “The  source  of  water  supply  shall  be  the  North  Fork  of  the 
Vermilion  river,  at  a point  above  the  present  sewage  of  the  city  of 
Danville,  north  of  Fairchild  street.  The  pump  house  shall  be  of 
stone  or  brick,  of  ample  size  to  accommodate  the  machinery  of  the 
said  Water  Company,  and  there  shall  be  two  pumping  engines  of 
modern  and  appropriate  style  and  good  efficiency,  having  an  aggre- 
gate pumping  capacity  of  four  million  gallons  of  water  in  twenty- 
four  hours.  There  shall  be  a stand  pipe  as  part  of  the  Water  Works 
system,  not  less  than  one  hundred  and  fifty  feet  high.  All  the  mains 
used  in  the  said  construction,  shall  be  tested  at  their  place  of  manu- 
facture before  being  laid,  under  a pressure  of  three  hundred  pounds  to 
the  square  inch,  and  they  shall  be  of  suitable  size  to  furnish  an  abun- 
dant supply  of  water  for  present  and  future  requirements.  The  fire 
hydrants  rented  by  said  city,  as  hereinafter  stated,  shall  be  of  modern 
and  appropriate  style  and  good  efficiency,  with  frost  jacket,  and  with 
double  delivery,  fitted  to  connect  with  the  hose  couplings  now  in  use 
by  the  fire  department  of  said  city.  Written  notice  being  given  by 
said  company  to  said  city  of  Danville,  there  shall  be  a test  of  the 
power  and  capacity  of  said  Water  Works  on  their  completion,  when 
they  shall  throw  from  separate  hydrants  in  the  business  portion  of  said 
city,  six  simultaneous  fire  streams  through  a fifty  feet  section  of  hose 
and  a one-inch  nozzle  to  a height  of  one  hundred  feet,  and  when  they 
shall  throw  at  another  time  from  separate  hydrants  in  other  portions 
of  the  said  city  four  simultaneous  effective  fire  streams,” 

Be , and  the  same  is  hereby  amended  to  read  as  follows : 

§ 2.  The  Danville  Water  Company  shall  take  its  water  supply 
from  the  North  Fork  of  the  Vermilion  river  at  a point  above  the  pres- 
ent sewage  of  the  city  of  Danville,  north  of  Fairchild  street,  or 
from  a well  or  wells  dug  by  it  north  of  Fairchild  street  in  the 
vicinity  of  its  pumping  station,  or  from  North  Fork  and  such  well  or 
wells,  changing  from  one  to  the  other,  or  to  both  sources  of  supply 
from  time  to  time,  at  its  discretion.  The  pump  house  shall  be  of  stone  or 
brick,  of  ample  size  to  accommodate  the  machinery  of  the  said  Water 
Company,  and  there  shall  be  two  pumping  engines  of  modern  and 
appropriate  style  and  good  efficiency,  having  an  aggregate  pumping 
capacity  of  four  million  gallons  of  water  in  twenty-four  hours.  There 
shall  be  a stand-pipe  as  part  of  the  water  works  system,  not  less  than 
one  hundred  and  fifty  feet  high.  All  the  mains  used  in  the  said  con- 


158 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


struction,  shall  be  tested  at  their  place  of  manufacture,  before  being 
laid,  under  a pressure  of  three  hundred  pounds  to  the  square  inch ; 
and  the  locations  and  sizes  of  those  permitted  to  be  laid,  may  be  as 
follows,  the  said  Water  Company  having  the  right  to  select  the  side 
of  the  street : 

From  the  pumping  station  to  the  intersection  of  Lincoln  and 
Denmark  streets,  14  inches  diameter. 

In  Woodbury  street,  from  Franklin  to  Vermilion  streets,  6 inches 
diameter. 

In  Griggs  street,  from  Junction  Avenue  to  Collett  street,  6 inches 
diameter. 

In  Lincoln  street,  from  Denmark  to  Harmon  Avenue,  14  inches 
diameter. 

In  Williams  street,  from  Harmon  Avenue  to  Vermilion  street,  1 
inches  diameter. 

In  Williams  street,  from  Vermilion  to  Section  streets,  8 inches 
diameter. 

In  Williams  street,  from  Section  to  Junction  Avenue,  6 inches 
diameter. 

In  Ann  street,  from  Harmon  Avenue  to  Gilbert  street,  4 inches 
diameter. 

In  Seminary  street,  from  Grant  street  to  Harmon  Avenue,  6 
inches  diameter. 

In  Madison  street,  from  Mill  street  to  Harmon  Avenue,  4 inches 
diameter. 

In  Madison  street,  from  Harmon  Avenue  to  Vermilion  street,  10 
inches  diameter. 

In  Madison  street,  from  Vermilion  to  Depot  streets,  6 inches 
diameter. 

In  Harrison  street,  from  Mill  to  Pine  streets,  4 inches  diameter. 

In  North  street,  from  Robinson  to  Depot  streets,  4 inches 
diameter. 

In  Main  street,  from  Pine  to  Franklin  streets,  8 inches  diameter. 

In  Main  street,  from  Franklin  to  Gray  streets,  10  inches  diameter. 

In  Main  street,  from  Gray  to  Collett  streets,  6 inches  diameter. 

In  South  street,  from  Vermilion  to  Buchanan  streets,  6 inches 
diameter. 

In  Chestnut  street,  from  College  to  Elizabeth  streets,  4 inches 
diameter. 

In  Grant  street,  from  Lincoln  to  Seminary  streets,  6 inches 
diameter. 

In  Mill  street,  from  Madison  to  Harrison  streets,  6 inches 
diameter. 

In  Harmon  Avenue,  from  Lincoln  to  Williams  streets,  14  inches 
diameter. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


159 


In  Harmon  Avenue,  from  Williams  to  Madison  streets,  io  inches 
diameter. 

In  Robinson  street,  from  Harrison  to  North  streets,  4 inches 
diameter. 

In  Gilbert  street,  from  Williams  to  Madison  streets,  6 inches 
diameter. 

In  Pine  street,  from  Madison  to  Main  streets,  8 inches  diameter. 

In  Oak  street,  from  Seminary  to  Madison  streets,  4 inches 
diameter. 

In  Franklin  street,  from  Woodbury  to  Williams  streets,  4 inches 
diameter. 

In  Franklin  street,  from  Williams  to  Madison  street,  6 inches 
diameter. 

I11  Franklin  street,  from  Madison  to  Main  street,  4 inches 
diameter. 

In  Walnut  street,  from  Williams  to  Main  streets,  4 inches 
diameter. 

In  Vermilion  street,  from  Woodbury  to  Williams  streets,  4 inches 
diameter. 

In  Vermilion  Street,  from  Williams  to  Madison  streets,  8 inches 
diameter. 

In  Vermilion  Street,  from  Madison  to  Main  streets,  10  inches 
diameter. 

In  Vermilion  street,  from  Main  to  South  sflteet,  6 inches 
diameter. 

In  Hazel  street,  from  Williams  to  Madison  street,  4 inches 
diameter. 

In  Hazel  street,  from  Madison  to  Main  streets,  6 inches 
diameter. 

In  Hazel  street,  from  Main  to  South  streets,  4 inches  diameter. 

In  Hazel  street,  from  South  to  Green  streets,  6 inches  diameter. 

In  Jackson  street,  from  Williams  to  Madison  streets,  6 inches 
diameter. 

In  Jackson  street,  from  Madison  to  North  streets,  4 inches 
diameter. 

In  Depot  street,  from  Madison  to  Main  streets,  6 inches  diameter. 

In  Gray  street,  from  Main  to  South  streets,  4 inches  diameter. 

In  College  street,  from  South  to  Chestnut  streets,  6 inches 
diameter. 

In  Elizabeth  street,  from  South  to  Chestnut  streets,  6 inches 
diameter. 

In  Elizabeth  street,  from  Chestnut  to  Wayne  streets,  4 inches 
diameter. 

In  Junction  Avenue,  from  Williams  to  Griggs  streets.  6 inches 
diameter. 


160 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


In  Buchanan  street,  from  Main  to  South  streets,  4 inches 
diameter. 

In  Collett  street,  from  Main  to  Griggs  streets,  4 inches  diameter. 

The  fire  hydrants  rented  by  said  city  as  hereinafter  stated,  shall 
be  of  modern  and  appropriate  style  and  good  efficiency,  with  frost 
jacket,  and  with  double  delivery,  fitted  to  connect  with  the  hose 
couplings  now  in  use  by  the  fire  department  of  said  city.  Said  fire 
hydrants  so  rented  by  said  city  shall  be  set  by  the  said  Water  Com- 
pany on  whatever  corner  of  the  intersection  it  may  select ; but  in  all 
cases  on  the  side  of  the  street  nearest  to  the  main  with  which  they  are 
connected,  and  they  are  hereby  located  as  follows: 

1.  At  the  intersection  of  Woodbury  and  Franklin  streets. 

2.  At  the  intersection  of  Woodbury  and  Walnut  streets. 

3.  At  the  intersection  of  Woodbury  and  Vermilion  streets. 

4.  At  the  intersection  of  Clay  and  Franklin  streets. 

5.  At  the  intersection  of  Tincher  and  Denmark  streets. 

6.  In  Franklin  street,  at  the  north  side  of  the  right  of  way  of 
the  I.,  B.  & W.  Railway. 

7.  In  Vermilion  street,  at  the  south  side  of  the  right  of  way  of 
the  I.,  B.  & W.  Railway. 

8.  At  the  intersection  of  Lincoln  and  Denmark  streets. 

9.  At  the  intersection  of  Lincoln  and  Sheridan  streets. 

10.  At  tfie  intersection  of  Lincoln  and  Grant  streets. 

11.  At  the  intersection  of  Lincoln  and  Chandler  streets. 

12.  At  the  intersection  of  Williams  street  and  Harmon  Avenue. 

13.  At  the  intersection  of  Williams  and  Robinson  streets. 

14.  At  the  intersection  of  Williams  and  Gilbert  streets. 

15.  At  the  intersection  of  Williams  and  Oak  streets. 

16.  At  the  intersection  of  Williams  and  Franklin  streets. 

17.  At  the  intersection  of  Williams  and  Walnut  streets. 

18.  At  the  intersection  of  Williams  and  Vermilion  streets. 

19.  At  the  intersection  of  Williams  and  Hazel  streets. 

20.  At  the  intersection  of  Williams  and  Jackson  streets. 

21.  At  the  intersection  of  Williams  and  Depot  streets. 

22.  At  the  intersection  of  Williams  and  Section  streets. 

23.  At  the  intersection  of  Wellington  and  Junction  streets. 

24.  At  the  intersection  of  Wellington  and  Collett  streets. 

25.  In  Harmon  Avenue,  at  the  north  side  of  the  right  of  way  of 
the  I.,  B.  & W.  Railway. 

26.  At  the  intersection  of  Kimber  and  Grant  streets. 

27.  At  the  intersection  of  Cherry  and  Jackson  streets. 

28.  In  Franklin  street,  half  way  between  Williams  and  Seminary 
streets. 

29.  In  Vermilion  street,  half  way  between  Williams  and  Sem- 
inary streets. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


161 


30.  At  the  intersection  of  Ann  and  Gilbert  streets. 

31.  At  the  intersection  of  Seminary  and  Grant  streets. 

32.  At  the  intersection  of  Seminary  street  and  Harmon  avenue. 

33.  At  the  intersection  of  Seminary  and  Gilbert  streets. 

34.  At  the  intersection  of  Seminary  and  Franklin  streets. 

35.  At  the  intersection  of  Seminary  and  Vermilion  streets. 

36.  At  the  intersection  of  Seminary  and  Jackson  streets. 

37.  At  the  intersection  of  Semihary  and  Collett  streets. 

38.  At  the  intersection  of  Madison  street  and  Harmon  avenue. 

39.  At  the  intersection  of  Madison  and  Robinson  streets. 

40.  At  the  intersection  of  Madison  and  Gilbert  streets. 

41.  At  the  intersection  of  Madison  and  Pine  streets. 

42.  At  the  intersection  of  Madison  and  Franklin  streets. 

43.  At  the  intersection  of  Madison  and  Walnut  streets. 

44.  At  the  intersection  of  Madison  and  Vermilion  streets. 

45.  At  the  intersection  of  Madison  and  Hazel  streets. 

46.  At  the  intersection  of  Madison  and  Jackson  streets. 

47.  At  the  intersection  of  Madison  and  Depot  streets. 

48.  At  the  intersection  of  Herman  and  Collett  streets. 

49.  At  the  intersection  of  Harrison  and  Franklin  streets. 

50.  At  the  intersection  of  Harrison  and  Walnut  streets. 

51.  At  the  intersection  of  Harrison  and  Vermilion  streets. 

52.  At  the  intersection  of  Harrison  and  Hazel  streets. 

53.  At  the  intersection  of  Harrison  and  Jackson  streets. 

54.  At  the  intersection  of  Harrison  and  Depot  streets. 

55.  In  Vermilion  street,  at  the  corner  of  the  alley  between 
Harrison  and  North  streets. 

56.  At  the  intersection  of  North  and  Robinson  streets. 

. 57.  At  the  intersection  of  North  and  Pine  streets. 

58.  At  the  intersection  of  North  and  Franklin  streets. 

59.  At  the  intersection  of  North  and  Walnut  streets. 

60.  At  the  inteisection  of  North  and  Vermilion  streets. 

61.  At  the  intersection  of  North  and  Hazel  streets. 

62.  At  the  intersection  of  North  and  Jackson  streets. 

63.  At  the  intersection  of  North  and  Depot  streets. 

64.  At  the  intersecton  of  North  street  (extended)  and  Collett 
street. 

65.  In  Franklin  street,  at  the  corner  of  the  alley  between  North 
and  Main  streets. 

66.  In  Walnut  street,  at  the  corner  of  the  alley  between  North 
and  Main  streets. 

67.  At  the  intersection  of  Van  Buren  alley  and  Vermilion  street. 

68.  At  the  intersection  of  Van  Buren  alley  and  Hazel  street. 

69.  At  the  intersection  of  Van  Buren  alley  and  Depot  street. 

70.  At  the  intersection  of  Main  and  Pine  streets. 

71.  In  Main  street,  half  way  between  Franklin  and  Pine  streets. 

72.  At  the  intersection  of  Main  and  Franklin  streets. 


162 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


< 


73.  At  the  intersection  of  Main  and  Walnut  streets. 

74.  In  Main  street,  at  the  corner  of  the  First  National  Bank. 

75.  At  the  Postoffice  corner. 

76.  At  the  intersection  of  Main  and  Hazel  streets. 

77.  In  Main  street,  at  the  corner  of  the  alley  between  Hazel 
and  Jackson  streets. 

78.  At  the  intersection  of  Main  and  Jackson  streets. 

79.  At  the  intersection  of  Main  and  Depot  streets. 

80.  At  the  intersection  of  Main  and  Gray  streets. 

81  • At  the  intersection  of  Main  and  McDonald  streets. 

82.  At  the  intersection  of  Main  and  Park  streets. 

83.  At  the  intersection  of  Main  and  Fremont  streets. 

84.  At  the  intersection  of  Main  and  Clark  streets. 

85.  At  the  intersection  of  Main  and  Buchanan  street. 

86.  At  the  intersection  of  Main  and  Collett  streets. 

87.  At  the  intersection  of  South  and  Vermilion  streets. 

88.  At  the  intersection  of  South  and  Hazel  streets. 

89.  At  the  intersection  of  South  and  Jackson  streets. 

90.  At  the  intersection  of  South  and  Gray  streets. 

91.  At  the  intersection  of  South  and  Park  streets. 

92.  At  the  intersection  of  South  and  Elizabeth  streets. 

93.  At  the  intersection  of  South  and  Buchanan  streets. 

94.  At  the  intersection  of  Green  and  Hazel  streets. 

95.  At  the  intersection  of  Green  and  College  streets. 

96.  At  the  intersection  of  Chestnut  and  College  streets. 

97.  At  the  intersection  of  Chestnut  and  Park  streets. 

98.  At  the  intersection  of  Chestnut  and  Elizabeth  streets. 

99.  At  the  intersection  of  Pearl  and  Elizabeth  streets. 

100.  At  the  intersection  of  Wayne  and  Elizabeth  streets. 

Written  notice  being  given  by  said  company  to  said  city  of 
Danville,  there  shall  be  a test  of  the  power  and  capacity  of  said  water 
works  on  their  completion,  when  they  shall  throw  from  seperate 
hydrants  in  the  business  portion  of  said  city,  six  simultaneous  fire 
streams,  through  a fifty  feet  section  of  hose,  and  a one  inch  nozzle, 
to  the  highth  of  one  hundred  feet,  and  when  they  shall  throw  at 
another  time  from  seperate  hydrants  in  other  portions  of  the  said 
city,  four  simultaneous  effective  fire  streams:  Provided , however , 

that  nothing  in  this  section  shall  be  so  construed  as  to  operate  against 
the  full  force  and  effect  of  section  9 and  that  part  of  section  2 of  the 
original  ordinance  which  provides  for  laying  of  mains  of  suitable  size 
to  furnish  an  abundant  supply  of  water  for  present  and  future  require- 
ments. 

§ 2.  This  ordinance  shall  become  binding  as  a part  of  the 
contract  existing  between  the  City  of  Danville  and  the  Danvil  e 
Water  Company  in  the  event  that  said  water  company  shall,  within 
ten  days  from  the  passage  and  publication  of  this  ordinance,  file  with 
the  city  clerk  of  said  city,  its  written  acceptance  of  it. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


163 


§ 3.  All  ordinances  and  resolutions  and  parts  of  ordinances  or 
resolutions  in  conflict  herewith  are  hereby  repealed,  and  this  ordi- 
nance shall  take  effect  at  its  passage  and  publication. 

Passed  by  City  Council,  May  1st,  A.  D.  1883.  Approved  June 
2nd,  1883. 

Attest  : 


1,  Alfred  C.  Freeman,  City  Clerk  of  the  City  of  Danville,  Illi- 
nois, hereby  certify  that  the  foregoing  ordinance  was  published  in 
‘‘The  Danville  Leader”  (the  same  being  a newspaper  published  in 
said  city  of  Danville,  Illinois),  dated  Friday,  June  8th,  1883. 


A.  C.  Freeman, 


L.  T.  DICKASON, 


City  Clerk. 


Mayor. 


A.  C.  FREEMAN, 


City  Clerk. 


164 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


AN  ORDINANCE 


TO  ESTABLISH  A PUBLIC  LIBRARY  AND  READING  ROOM. 

§ i . Be  it  ordained  by  the  City  Council  of  Danville , That  there 
be  established  and  maintained  in  the  city  of  Danville,  a Public  Libra- 
ry and  Reading  Room,  for  the  use  and  benefit  of  the  inhabitants  of 
said  city. 

§ 2.  That  the  said  public  library  and  reading  room  be  organized 
and  maintained  under  and  in  accordance  with  the  provisions  of  an  act 
of  the  General  Assembly  of  the  State  of  Illinois,  entitled  “An  act  to 
authorize  cities,  incorporated  towns  and  townships  to  establish  and 
maintain  free  public  libraries  and  reading  rooms.”  Approved  and  in 
force  March  7,  1872. 

§ 3.  That  the  mayor  of  said  city  shall  proceed  to  appoint  a 
board  of  directors  to  organize  said  library  and  reading  room,  as  by 
law  required. 

Passed  and  approved  this  6th  day  of  July,  A.  D.  1882. 

Attest, 


PERMITTING  THE  ERECTION  OF  A DAM  IN  ELLSWORTH  PARK  AND 
CONFERRING  CERTAIN  PRIVILEGES. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Danville  : 

§ 1.  That  permission  be,  and  the  same  is  hereby  given,  to  A.  C. 
Daniel,  Charles  J.  Palmer,  De  Witt  C.  Frazier,  F.  W.  Sutton,  J.  B. 
Mann  and  Samuel  Stansbury,  and  to  any  boat  club  now  organized  or 
to  be  organized,  to  which  they  may  assign,  the  rights  herein  granted 
to  erect  and  maintain  for  the  space  of  ten  years,  a dam  across  the 
North  Fork  of  the  Vermilion  river  at  or  near  the  south  line  of  Ells- 
worth Park  in  said  city. 


A.  C.  Freeman, 

City  Clerk. 


L.  T.  DICKASON. 


Mayor. 


AN  ORDINANCE 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


165 


§ 2.  Said  dam  shall  be  erected  and  maintained  at  the  sole  cost 
and  expense  of  said  persons  or  said  boat  club,  so  erecting  the  same. 

§ 3.  Said  persons  or  club  so  erecting  said  dam  shall  have  the 
exclusive  right  to  maintain  boats  within  the  limits  of  said  park,  and 
shall  have  the  exclusive  right  to  erect  and  maintain  such  boat  houses 
upon  the  banks  of  said  stream  in  said  park  as  may  be  necessary  for 
the  use  of  said  club  and  the  individual  members  thereof : Provided , 

however , that  before  any  such  boat  houses  shall  be  built,  that  the  plans 
for  the  same  shall  be  first  submitted  to  and  approved  by  the  city  coun- 
cil. Said  club  shall  have  the  exclusive  right  to  keep  and  maintain  boats 
for  hire  to  the  public  on  the  waters  of  said  stream  within  the  limits  of 
said  park. 

§ 4.  Said  dam  shall  be-constructed  under  the  superintendence  of 
the  city  engineer  of  said  city,  and  to  be  provided  with  sufficient  flood 
gates  to  let  the  water  out  of  the  pond  created  by  said  dam.  Said 
dam  to  be  of  such  height  as  shall  be  directed  by  said  city  engineer, 
and  to  be  so  contructed  as  not  to  damage  private  property  on  said 
stream. 

§ 5.  Nothing  herein  contained  shall  in  any  wise  operate  or  be 
construed  to  render  the  city  liable  for  any  damages  arising  by  reason 
of  the  construction  of  said  dam  to  any  person  or  persons  or  to  private 
property  adjacent  to  said  stream. 

§ 6.  The  maximum  rate  of  charge  for  hire  of  boats,  shall  be 
twenty-five  cents  per  hour. 

§ 7.  The  city  shall  have  the  right  at  any  time  after  the  expira- 
tion of  three  years  to  purchase  the  property  and  rights  of  the  said 
club  at  a price  to  be  determined  by  two  disinterested  parties,  one  of 
whom  shall  be  chosen  by  the  City  Council  and  one  by  said  club,  and 
in  case  of  their  inability  to  agree  as  to  the  price,  then  the  two  so 
chosen  shall  choose  a third,  and  the  decision  of  any  two  of  said  per- 
sons shall  be  final  and  binding  on  both  parties. 

§ 8.  The  grant  herein  made,  shall  not  be  operative,  unless  said 
club  shall  enter  upon  the  building  of  said  dam  within  sixty  days  from 
the  passage  of  this  ordinance. 

§ 9.  All  rules  and  regulations  of  said  club  governing  the  use  of 
boats  in  said  park,  shall  be  submitted  to  and  approved  by  the  City 
Council. 

§ 10.  This  ordinance  to  be  in  full  force  and  effect,  from  and 
after  its  passage  and  due  publication. 

Passed  and  approved  this  13th  day  of  October,  A.  D.  1882. 

Attest : 


A.  C.  Freeman, 

City  Clerk. 


L.  T.  DICKASON, 

Mayor. 


166 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


AN  ORDINANCE 


GRANTING  TO  THE  “AQUATIC  BOAT  CLUB  OF  DANVILLE,  ILLINOIS," 
THE  PRIVILEGE  OF  TAKING  ICE  FROM  ELLSWORTH  PARK. 

Be  it  ordained  by  the  City  Council  of  Danville , That  the  Aquatic 
Boat  Club  of  Danville,  Illinois,  and  its  successors  and  assigns  have 
privilege  of  taking,  and  the  power  to  control  the  taking  of  the  ice  that 
may  form  on  the  pond  in  Ellsworth  Park,  from  the  dam,  as  high  up 
the  stream  as  a line  drawn  due  west  from  the  north  side  of  Main  street, 
leaving  to  the  city  the  right  at  all  times  to  regulate  the  manner  of 
taking  out  the  ice,  and  the  protection  of  the  openings,  to  such  rules 
and  regulations  as  the  city  may  from  time  to  time  adopt,  for  the  secu- 
rity of  persons  frequenting  the  pond  for  skating  or  other  purposes  of 
recreation.  The  consideration  for  the  privilege  hereby  granted,  being 
an  undertaking  and  agreement  upon  the  part  of  the  Boat  Club,  its 
successors  and  assigns,  to  repair  and  maintain  in  good  condition  the 
dam  across  the  North  Fork,  at,  or  near  the  place  where  the  dam  now 
is.  And  their  privilege  is  to  extend  to  the  time  heretofore  granted  to 
said  Boat  Club  relative  to  the  construction  of  said  dam  and  boating 
privilege,  reference  being  hereby  had  to  the  ordinance  heretofore 
granting  said  privilege. 

Passed  and  approved  this  7th  day  of  June,  A.  D.  1883. 


1,  Alfred  C.  Freeman,  City  Clerk  of  the  City  of  Danville,  Illi- 
nois, hereby  certify  that  the  foregoing  ordinance  was  published  in 
“The  Danville  Leader”  (the  same  being  a newspaper  published  in 
said  city  of  Danville,  Illinois),  dated  June  22,  1883. 


Attest : 


A.  C.  Freeman, 


L.  T.  DICKASON 


City  Clerk. 


Mayor. 


A.  C.  FREEMAN, 


City  Clerk. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


167 


AN  ORDINANCE 

AUTHORIZING  THE  CONSTRUCTION  AND  OPERATION  BY  THE  CITI- 
ZENS’ STREET  RAILWAY  COMPANY  OF  DANVILLE,  ILLINOIS,  OF 
STREET  RAILWAYS  UPON  CERTAIN  STREETS  IN  THE  CITY  OF 
DANVILLE. 

§ i . Be  it  ordained  by  the  City  Council  of  the  City  of  Danville, 
That  there  is  hereby  granted  to  the  Citizens’  Street  Railway  Company 
of  Danville,  Illinois,  a corporation  duly  organized  under  the  statutes 
of  the  State  of  Illinois,  its  successors  and  assigns  the  right  to  build, 
operate  and  maintain  a single  or  double  track  street  railway  with  all 
convenient  turnouts,  turntables,  switches,  and  side  tracks,  in  any  or 
all  of  the  following  named  streets  in  said  city  of  Danville,  viz.  : Com- 

mencing at  the  center  of  West  Main  street,  at  its  eastern  terminus, 
thence  on  a curve  through  the  public  square  to  the  center  of  north 
Vermilion  street ; also  commencing  at  the  center  of  east  Main  street 
at  its  western  terminus,  thence  on  a curve  through  the  public  square 
to  the  center  of  north  Vermilion  street,  thence  north  on  said  Vermil- 
ion street  to  the  city  limits.  On  Madison  street,  commencing  at  the 
center  of  Vermilion  street  at  the  intersection  thereof  with  Madison 
street,  thence  west  on  Madison  street  to  the  west  side  of  Mill  street. 
On  Williams  street,  commencing  at  the  intersection  thereof  with  Gil- 
bert street,  thence  on  Williams  street  to  Junction  Avenue,  thence 
north  on  Junction  Avenue  to  the  right  of  way  of  the  Indiana,  Bloom- 
ington and  Western  Railway  Company. 

The  said  Street  Railway  Company  shall  begin  the  construction  of 
said  railway  in  good  faith  within  thirty  days  from  the  passage  of  this 
ordinance,  and  it  shall  be  completed  and  in  operation  on  or  before 
one  year  from  the  passage  of  this  ordinance.  Provided,  That  if  said 
company  should  be  delayed  by  the  order  or  injunction  of  any  court  of 
competent  jurisdiction  from  completing  said  railway,  the  time  of  said 
delay  shall  be  excluded  from  the  period  herein  prescribed  for  the  com- 
pletion of  the  same.  Provided , further , That  the  said  curves  through 
the  public  square  aforesaid,  shall  be  established  under  and  by  direc- 
tion of  the  city  council. 

§ 2.  The  said  company  shall  locate  and  build  its  tracks  as  near 
the  center  of  said  streets  as  possible,  and  shall  build  its  tracks  so  that 
the  top  of  the  rails  shall  be  level  with  the  surface  of  the  streets,  as 
they  now  are  or  may  be,  at  the  time  its  tracks  are  so  built,  and  shall 
not  be  less  than  four  foot  guage,  and  if  any  time  the  city  council  shall 


168 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


establish  a grade  on  any  of  said  streets,  or  parts  thereof  upon  which 
said  tracks  are  built,  or  should  change  the  grade  already  established, 
the  said  company  shall,  at  its  own  expense,  raise  or  lower  its  tracks  so 
as  to  conform  to  such  grade. 

§ 3.  The  said  company  shall  either  plank,  gravel,  macadamize 
or  pave  the  said  streets  between  the  rails  of  its  said  tracks,  and  for  the 
distance  of  at  least  one  foot  on  the  outside  of  each  line  of  rail,  and 
shall  thereafter  keep  the  same  in  repair  and  good  condition.  Provi- 
ded, That  should  said  city  at  any  time  during  the  existence  of  this 
grant,  pave  or  macadamize  the  part  of  either  of  said  streets  occupied 
by  said  railway  tracks ; the  said  company  shall  likewise  pave  or 
macadamize  the  part  of  said  streets  between  the  rails  of  its  tracks  and 
for  a like  distance  on  the  outside  as  aforesaid,  so  as  to  conform  to  the 
balance  of  said  streets. 

§ 4.  The  said  company  shall  also  make  substantial  and  suitable 
conduits  and  gutters  whenever  necessary  to  carry  off  the  water  under 
and  along  the  tracks  of  its  road,  and  shall  keep  the  same  in  good  con- 
dition and  repair. 

§ 5.  The  tracks  of  said  railway  shall  be  so  made  and  maintained 
that  all  vehicles  can  easily  and  freely  cross  said  tracks  at  any  and  all 
points  with  the  least  obstruction  possible. 

§ 6.  All  vehicles  may  pass  over  and  upon  said  tracks,  in  such 
manner  as  shall  not  injure  the  same,  or  obstruct  or  impede,  or  delay 
the  movement  or  running  of  cars  thereon.  And  whoever  shall  drive 
any  vehicle  over  and  along  said  tracks,  in  such  manner  as  to  injure 
the  same,  or  in  front  of  any  car  thereon  so  as  to  delay  or  hinder  the 
running  of  such  car,  and  shall  neglect  or  refuse  to  drive  off  of  said 
track  when  requested  to  do  so  by  any  officer,  agent,  or  employee  of 
said  company,  or  when  notified  to  do  so  by  the  repeated  ringing  of 
the  gong  or  bell  on  such  car,  shall  be  fined  in  any  sum  not  exceeding 
twenty-five  dollars  for  each  offense. 

5 7-  The  rate  of  fare  on  any  continuous  route  within  the  limits 
of  said  city,  shall  not  exceed  five  cents. 

§ 8.  The  right  to  operate  and  maintain  said  street  railway,  upon 
said  streets,  by  said  company,  shall  extend  for  the  period  of  twenty 
years  from  the  passage  of  this  ordinance. 

^ § 9.  The  city  council  reserves  the  right  at  any  time  after  the 

expiration  of  ten  years  from  the  passage  of  this  ordinance,  to  order 
and  direct  said  company,  within  a reasonable  time  thereafter,  to  relay 
such  parts  of  the  tracks  of  said  railway,  within  the  limits  of  said  city, 
with  tram  or  flat  rails,  as  may  be  prescribed  by  said  council. 

§ 10.  Said  company  shall  save  and  keep  harmless  the  said  city 
from  all  damage  caused  to  any  person  or  property,  by  reason  of  the 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


169' 


building,  maintaining  and  operation  of  its  said  railway  ; and  shall 
fully  pay  and  compensate  said  city  for  all  loss  and  damage  it  may  sus- 
tain by  reason  of  the  said  building,  maintenance  and  operation  of 
said  railway. 

§ ii.  The  building  of  said  street  railway  by  said  company  upon 
said  streets,  shall  be  considered  as  an  acceptance  by  said  company  of 
the  conditions  and  provisions  of  this  ordiance. 

This  ordinance  to  be  in  force  after  its  publication  as  provided 
by  law. 

Passed  and  approved  this  July  12th,  1883. 


I,  Alfred  C.  Freeman,  City  Clerk  of  the  City  of  Danville, 
Illinois,  hereby  certify  that  the  foregoing  ordinance  was  published  in 
4 ‘The  Danville  Leader,”  (the  same  being  a newspaper  published  in 
said  city  of  Danville)  dated  July  20th,  A.  D.  1883. 


Attest, 


A.  C.  Freeman, 

City  Clerk. 


L.  T.  DICKASON, 


Mayor. 


A.  C.  FREEMAN, 

City  Clerk. 


170 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


AN  ORDINANCE 


AUTHORIZING  THE  CONSTRUCTION  AND  OPERATION  BY  THE  CITI- 
ZENS' STREET  RAILWAY  COMPANY,  OF  DANYILLE,  ILLINOIS,  OF 
A STREET  RAILWAY  UPON  MAIN  STREET,  AND  EXTENSIONS 
THEREOF  IN  THE  CITY  OF  DANVILLE,  ILLINOIS. 

§ i . Be  it  ordained  by  the  City  Council  of  the  City  of  Danville , 
That  there  is  hereby  granted  to  the  Citizens’  Street  Railway  Company 
of  Danville,  Illinois,  a corporation  duly  organized  under  the  statutes 
of  the  State  of  Illinois,  its  successors  and  assigns  the  right  to  build, 
operate  and  maintain  a single  or  double  track  Street  Railway  with  all 
convenient  turn-outs,  turn-tables,  switches,  and  side-tracks  in  and 
upon  the  following  described  part  of  Main  street  and  extension  there- 
of in  said  city,  viz:  Commencing  at  the  north  end  of  the  covered 

bridge  over  the  Vermilion  river,  thence  in  a north  westerly  and  a north 
easterly  direction  on  what  was  originally  a state  road,  called  the  Chicago 
and  Vincennes  road  to  the  west  end  of  Main  street,  or  the  intersection 
thereof  with  Mill  street,  thence  east  on  Main  street  to  the  city  limits. 
The  said  Street  Railway  Company  to  complete  and  have  in  operation, 
said  line  of  railway,  within  one  year  from  the  date  of  the  passage  of  this 
ordinance.  Provided , 'That  if  said  company  should  be  delayed  by  the 
order  or  injunction  of  any  court  of  competent  jurisdiction  from  com- 
pleting said  railway,  the  time  of  said  delay  shall  be  excluded  from  the 
period  herein  prescribed  for  the  completion  of  the  same.  Provided , 
further , that  the  track  across  and  over  the  Public  Square  shall  be  located 
under  and  by  direction  of  the  City  Council. 

§ 2.  The  said  company  shall  locate  and  build  its  tracks  as  near 
the  center  of  said  streets  as  possible,  and  shall  build  its  tracks  so  that 
the  top  of  the  rails  shall  be  level  with  the  surface  of  the  streets,  as 
they  now  are  or  may  be,  at  the  time  its  tracks  are  so  built,  and  shall 
not  be  less  than  four  feet  guage,  and  if  any  time  the  City  Council 
shall  establish  a grade  on  any  of  said  streets,  or  parts  thereof  upon 
which  said  tracks  are  built,  or  should  change  the  grade  already  esta- 
blished, the  said  company  shall,  at  its  own  expense,  raise  or  lower  its 
tracks  so  as  to  conform  to  such  grade. 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


171 


§ 3.  The  said  company  shall  either  plank,  gravel,  macadamize, 
or  pave  the  said  streets  between  the  rails  of  its  said  tracks,  and  for  the 
distance  of  at  least  one  foot  on  the  outside  of  each  line  of  rail,  and 
shall  thereafter  keep  the  same  in  repair  and  good  condition.  Pro- 
vided, That  should  said  city  at  any  time  during  the  existence  of  this 
grant,  pave  or  macadamize  the  part  of  either  of  said  streets  occupied 
by  said  railway  tracks,  the  said  company  shall  likewise  pave  or  macad- 
amise the  part  of  said  streets  between  the  rails  of  its  tracks  and  for  a 
like  distance  on  the  outside  as  aforesaid,  so  as  to  conform  to  the  bal- 
ance of  said  streets. 

§ 4.  The  said  company  shall  also  make  substantial  and  suitable 
conduits  and  gutters  whenever  necessary  to  carry  off  the  water  under 
and  along  the  tracks  of  its  road,  and  shall  keep  the  same  in  good  condi- 
tion and  repair. 

§ 5.  The  tracks  of  said  railway  shall  be  so  made  and  maintained 
that  all  vehicles  can  easily  and  freely  cross  said  tracks  at  any  and  all 
points  with  the  least  obstruction  possible. 

§ 6.  All  vehicles  may  pass  over  and  upon  said  tracks  in  such 
manner  as  shall  not  injure  the  same,  or  obstruct  or  impede,  or  delay 
the  movement  or  running  of  cars  thereon.  And  whoever  shall  drive 
any  vehicle  over  and  along  said  tracks,  in  such  manner  as  to  injure 
the  same,  or  in  front  of  any  car  thereon  so  as  to  delay  or  hinder  the 
running  of  such  car,  and  shall  neglect  or  refuse  to  drive  off  of  said 
track  when  requested  to  do  so  b)  any  officer,  agent,  or  employee  of 
said  company,  or  when  notified  to  do  so  by  the  repeated  ringing  of 
the  gong  or  bell  on  such  car,  shall  be  fined  in  any  sum  not  exceeding 
twenty-five  dollars  for  each  offense. 

§ 7.  The  rate  of  fare  on  any  continuous  route  within  the  limits 
of  said  city  shall  not  exceed  five  cents. 

§ 8.  The  right  to  operate  and  maintain  said  Street  Railway, 
upon  said  streets,  by  said  company,  shall  extend  for  the  period  of 
twenty  years  from  the  passage  of  this  ordinance. 

§ 9.  The  City  Council  reserves  the  right  at  any  time  after  the 
expiration  of  ten  years  from  the  passage  of  this  ordinance,  to  order 
and  direct  said  company,  within  a reasonable  time  thereafter,  to  relay 
such  parts  of  the  tracks  of  said  railway,  within  the  limits  of  said  city, 
with  tram  or  flat  rails,  as  may  be  prescribed  by  said  Council. 

§ 10.  Said  company  shall  save  and  keep  harmless  the  said  city 
from  all  damage  caused  to  any  person  or  property,  by  reason  of  the 
building,  maintaining  and  operation  of  its  said  railway,  and  shall 
fully  pay  and  compensate  said  city  for  all  loss  and  damage  it  may  sus- 
tain by  reason  of  the  said  building,  maintenance,  and  operation  of 
said  railway. 


472 


ORDINANCES  OF  THE  CITY  OF  DANVILLE. 


§ ii.  The  building  of  said  Street  Railway  by  said  company 
upon  said  streets,  shall  be  considered  as  an  acceptance  by  said  company 
of  the  conditions  and  provisions  of  this  ordinance. 

This  ordinance  to  be  in  force  after  its  publication  as  provided  by 

law. 

Passed  and  approved  this  6th  day  of  September,  A.  D.  1883. 
Attest : 


I,  Alfred  C.  Freeman,  City  Clerk  of  the  City  of  Danville,  Illi- 
nois, hereby  certify  that  the  foregoing  ordinance  was  published  in 
“ The  Danville  Leader,”  (the  same  being  a newspaper  published  in 
said  city  of  Danville,  Illinois,)  dated  September  14th,  1883. 


A.  C.  Freeman, 

City  Clerk. 


L.  T.  DICKASON, 
Mayor. 


A.  C.  FREEMAN, 

City  Clerk. 


INDEX 


173 


^INDEX.i* 


[Section  and  page  numbers  in  italics  refer  to  the  general  act  of  incorporation,  and 
section  and  page  numbers  in  Roman,  refer  to  general  ordinance.] 


ACCOUNTS— (See  “Claims.”) 

PAGE.  SEC. 


ACCESSORIES, 

Definition  and  punishment  of 74  68 

ADDITIONS,  Maps,  etc., 

Must  correspond  with  streets 3 i 

Plats  submitted  to  council 4 2 

Penalty  for  recording  plat  before  approval 4 3 

Penalty  for  selling  lots  before  approval  of  plat  4 4 

Certificate  of  approval 4 5 

AMUSEMENTS, 

Classification  of 5 1 

License  for  required 5 2 

License  and  fees 6 3 

Class  and  fee  decided  by  mayor 6 4 

Yearly  license 6 5 

License  subject  to  ordinances 6 6 

Entertainments  where  liquors  sold 6 7 

Owners,  lessees,  agents,  etc.,  to  see  license  is  ob- 
tained   7 8 

Chairs,  etc.,  in  aisles  forbidden 7 9 


174 


I N DEX. 


PAGE.  SEC. 

Persons  in  hallways,  etc 7 10 

Minors  at  shows  where  liquors  are  sold 7 11 

Indecent  plays 7 12 

Good  order  to  be  maintained 8 13 

Disorderly  conduct 8 14 

Processions  on  streets 8 15 

Shooting  galleries 8 16 

Rate  of  license  for  same 8 17 

Target  shooting  in  uninclosed  places 8 18 

Shooting  fire-arms 9 19 

Lung-testers,  galvanic  batteries,  etc... 9 20 

Amusements  on  Sunday  prohibited 67  26 

Places  of,  open  on  Sunday 67  25 

ANIMALS, 

Power  to  prohibit  running  at  large,  Incorp.  Act , page  20 , item  80 

Prohibited  at  large 9 1 

Penalty  for  permitting  same  to  be  at  large 10  2 

Pound  and  pound  keepers 10  3 

Pound  keeper  to  take  up  animals — feed  for  same...  10  4 

Duty  of  policemen 10  5 

Citizens  may  take  up  animals 10  6 

Redemption  of  animals 11  7 

When  animals  not  redeemed  and  owner  known 11  8 

Proceeding  where  owner  unknown 11  9 

Trial  after  notice — judgment  12  10 

Proceedings  against  non-resident  owners 12  11 

Order  of  sale 12  12 

Notice  of  sale 13  13 

Pound  keeper’s  book — proceeds  of  sale 13  14 

Surplus  proceeds  paid  to  owner 13  15 

Breaking  pounds — hindering  the  impounding,  etc.  14  16 

Wrongful  taking  up  of  animals 14  17 

Report  of  pound  keeper 14  18 

Additional  pounds  and  pound  keepers 14  19 

Compensation  to  marshal  or  policeman 14  20 

Geese 14  21 

Fees  of  pound  keeper  and  police  magistrate 14  22 

Killing  diseased  animals  by  butchers 19  3 

Selling  diseased  animals,  or  flesh  of  same 19  4 

Indecent  exhibition  of..  64  13 

Fast  driving 67  29 

Leaving  unfastened 67  30 

Scaring  horses,  etc 67  31 

Cruelty  to  animals 67  28 

Hitching  animals  to  trees 70  47 

Hitching  animals  to  lamp-posts 70  46 


INDEX 


175 


PAGE.  SEC. 

Dead  animals 77  7 

Removal  of  same 77  8 

Turning  animals  in  parks  forbidden 83  3 

Driving  animals  into  waters  of  park  forbidden 84  7 

Driving  animals  on  sidewalk  forbidden 123  22 

ANNEXATION  OF  TERRITORY,  etc., 

Act  of  Legislature,  page 53 

APPOINTMENT, 

Power  to  appoint  officers,  § 73-74,  Incorp.  Act , 24-25 

Of  pound  keeper 10 

Of  additional  pound  keepers 14  1 

Of  officers  of  fire  companies,  when 39 

Of  members  of  board  of  health 45 

Of  officers,  firemen  and  policemen,  generally 85 

Committees  of  city  council . no 

AREAS, 

Under  sidewalks — condition  of  permits 120  1 

Penalty  for  using  sidewalk  for,  without  permit 120  1 

Entrance  to 120  1 

ARRESTS, 

For  violation  of  ordinances — Incorp.  Act , § 68,  p 22 
Power  of  police  to  make,  for  violation  of  ordi- 
nance or  state  laws, {Incorp.  Act , §83,/.  26)  102  1 

ASSAULTS, 

Penalty  for  committing 63 

ASSEMBLY, 

Unlawful,  penalty  for 62 

ATTEMPT  TO  COMMIT  OFFENSE, 

Penalty  for 74  6 

AUCTIONS  AND  AUCTIONEERS, 

Sales  of  merchandise  at  public  auction  made  only 

by  auctioneers.. 16 

License  fee  and  bond 16 

License  how  obtained — not  transferable  16 

Clerks 16 

Revocation  of  license  17 

Selling  on  streets  17 

Substitution  of  articles — penalty  for 17  7 

Penalty  for  selling  without  license 17  8 

AWNINGS, 

Of  what  material — how  constructed  121  17 


roONVOMMM  m ro  rj-  u->  N »-<  m n fO  ■+  vnvo 


176 


INDEX. 


PAGE.  SEC. 


BAIL, 

On  continuance 103  19 

Person  released  from  custody  on  bail 104  24 

BALL  ALLEYS — (See  “Billiards.”) 

BALL  PLAYING, 

Upon  streets,  forbidden 71  52 

BALLOT  BOX, 

How  constructed 24  6 

Opened  when 25  10 

BALLOT, 

How  printed 25  12 

Names  of  candidates  all  on  one  ballot 25  13 

Manner  of  depositing 25  14 

Not  counted  when 26  17 

To  be  strung — delivered  to  clerk — preserved  by  him  26  18 

BILL  BOARDS, 

When  a nuisance 73  66 

BILL  POSTING, 

Posting  bills  on  premises  without  consent — penalty  70  50 

Posting  in  parks  forbidden 84  14 

BILLIARDS, 

License  to  keep  required  18  1 

License  fees 18  2 

Billiard  rooms,  closed  when 18 

Minors  playing  or  loitering  where  liquors  sold .. . 18 

Minors  playing  or  loitering  where  liquors  not  sold  18 


BOARD  OF  HEALTH — seek ‘Health  Department”  45 
BONDS, 

Of  city  officers  generally,  {Incorp.  Act,  p.  24 , §75.)  85 


Of  pound  keeper 10 

Of  auctioneer 16 

Of  foremen  of  fire  companies 40  5 

Of  junk  dealers 49  3 

Of  liquor  dealers 56  3 

Of  druggists  for  permits  to  sell  liquor 61  25 

Of  keepers  of  slaughter  houses 78  14 

Of  pawn  brokers 85  2 

Of  policemen 99  3 

Of  special  police 101  12 

Of  temporary  police 101  13 


W U Oj  Cn  4^.  OJ 


INDEX. 


177 


PAGE.  SEC. 

Of  persons  licensed  to  keep  vehicles 133  5 

Official  bonds  to  be  drawn  or  approved  by  city  at- 
torney   86  4 

BRIDGES, 

Climbing  on,  forbidden 69  41 

Injury  to 70  43 

Riding  or  driving  over,  faster  than  a walk,  (. Act  of 
Legislature,  page  52,  § 194c. ) 

BUTCHERS  AND  MARKETS, 

License  for  butchers  required 19  1 

Butchers  to  keep  book t 19  2 

Killing  diseased  animals 19  3 

Selling  diseased  animals  or  flesh  of  same 19  4 

Other  unwholesome  provisions 20  5 

Displaying  fruit,  vegetables,  etc.,  on  benches 20  6 

Inspectors  of  meat  and  provisions. 20  7 

BUILDINGS,  (See  “ Fire  Limits”  and  “Nuisances.”) 

In  street  not  to  be  repaired 127  11 

Removal  of,  through  streets 127  12 

BUILDING  MATERIAL, 

In  street,  without  permit,  prohibited 126  4 

Red  lights  at  piles  of,  required 126  5 

BURGLAR  TOOLS, 

Having  possession  of — penalty 68  35 

c_ 

CAPTAIN  OF  NIGHT  POLICE, 

Mayor  to  designate 100  10 

CITY  ATTORNEY, 

Duties  of 87  12 

CITY  COUNCIL, 

Of  whom  composed,  “Incorporation  Act ”....  9 1 

Number  of  aldermen  “ “ ....  9 2 

Term  of  office  “ ....  9 3 

Vacancy  “ “ ....  9 4 

Qualifications  of  “ “ ....  9 5 

Rules  of  “ “ 10  7 

Quorum — compelling  attendance  “ “ ....  10  8 

May  prescribe  times  of  meeting  “ “ ....  10  9 

Chairman  pro  tem.  “ “ ....  10  10 

Shall  sit  with  open  doors  “ “ ....  10  11 


178 


I N DEX. 


PAGE. 


Journal  shall  be  kept  “ Incorp . Act ” io 

Yeas  and  nays  when  required  “ “ ....  io 

Reconsidering  or  rescinding  vote  at  special  meeting  io 

Report  of  committee  laid  over,  when,  “ Incorp.  Act ” io 

Territorial  jurisdiction  “ “ . . io 

Special  meetings  “ 11 

Ordinances — veto  “ •*..  n 

Reconsideration  of,  passing  over  veto  “ n 

Powers  of  city  council  * “ 14 

Compensation  of,  (“Ordinance”) 44 

RULES  OF, 

General  ordinance no 

Regular  and  special  meetings  of no 

Standing  committees no 

Duties  of  standing  committees in 

Streets  and  alleys hi 

Public  grounds  and  buildings in 

Fire  and  water in 

Finance  in 

Police in 

Claims in 

Printing 112 

Markets 112 

Contracts  by  committees  unauthorized  by  council 

forbidden 112 

Rules  of  order 112 

CITY  CLERK, 

Duties  of,  (Incorporation  Act) 26 

Shall  record  ordinance  “ “ 26 

Power  to  administer  oaths  “ “ 27 

Duties  of,  (General  Ordinance) 88 

Salary  of,  “ “ 44 

Secretary  board  of  health  “ “ 45 

To  prepare  commissions 116 

To  issue  license 52 

To  keep  register  of  license 53 

CITY  ENGINEER, 

Appointment  of 85 

Salary  of 44 

Duties  of 88 

Records  of 88 

Surveys,  etc 89 

Give  grades  and  superintend  sidewalks 89 

Superintend  street  labor — reports  of 89 

Boundaries  established  by — certificates 89 


SEC. 

12 

13 
M 

16 

17 

18 

I 

3 


1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 
!3 

10 

1 1 
16 

1 3 

5 
2 
2 
2 

6 


6 

14 

15 

16 
'17 

18 

*9 


INDEX. 


179 


PAGE.  SEC. 

Custodian  of  tools,  etc 89  20 

Charge  of  streets 90  21 

See  to  enforcement  of  ordinances  concerning  rail- 
roads, streets,  etc 90  22 

Repair  of  cross  walks,  etc 90  23 

To  detail  men  to  clean  fire  apparatus 41  10 

To  fix  grades  for  sidewalks 117  2 

To  locate  sidewalks 118  4 

Authorized  to  remove  sidewalks  out  of  line 118  6 

Superintendent  of  sidewalks 119  9 

To  prepare  maps  and  designate,  numbers  of  buildings  130  26 

To  adjust  numbers  of  buildings 131  30 

CITY  MARSHAL, 

May  be  elected  or  appointed,  (“  Incorp.  Act”)  23  2 

Duties  of,  and  powers  as  constable,  “ “ • 23  2 

Conservator  of  peace — power  to  serve  warrants  “ 26  12 

Appointment  of  (“General  Ordinance”) 85  1 

Salary  of 44  7 

Duties  of 100  5 

Custodian  of  property 100  6 

Reports 100  7 

Absence  of 100  8 

To  enforce  ordinance  in  relation  to  licenses  54  8 

May  act  as  pound  keeper,  when 10  3 

Compensation  as  pound  keeper 14  20 

CITY  TREASURER, 

Elected,  (“ Incorp . Act ”) 23  1 

Bond  of  “ “ 24  4 

Duties  of  “ “ 29  5 

Funds  kept  separate,  “ “ 29  6 

Receipts  “ “ 29  7 

Monthly  statements,  warrants,  vouchers,  etc 29  8 

Deposit  of  city  funds  (“  Incorp.  Act") 29  9 

Annual  report,  publication  “ “ 30  10 

Warrants  “ “ 30  11 

Special  assessment  separate  “ “ 30  12 

Salary  of,  (“  General  Ordinance”) 44  4 

CHIEF  OF  FIRE  DEPARTMENT, 

Appointment  of 85  1 

Commanding  officer  of  fire  department 39  2 

Insignia  of  office 43  22 

Absence  of 43  24 

Salary  of 44  8 

CLAIMS, 

Committee  on nr  9 


180 


INDEX. 


PAGE.  SEC. 


Must  be  sworn  to  and  referred 21  1 

CONCEALED  WEAPONS, 

Penalty  for 66  22 


ID. 


DISORDERLY  CONDUCT, 

Penalty  for 63  3 

On  street  cars,  penalty  for 73  64 

DISORDERLY  HOUSE, 

Penalty  for 66  23 

DISTURBANCE  OF  PEACE, 

Penalty  for 63  5 

Disturbing  congregations — penalty 63  6 

DRUNKENNESS, 

Penalty 63  8 

DOGS, 

Power  to  regulate,  restrain,  and  tax,  “ Incorp . Act,”  20  item  80 
Danger  of  hydrophobia.  (“General  Ordinance.”)  22  1 

Proclamation  of  mayor 22  1 

At  large  unmuzzled,  a nuisance,  when 22  2 

Bitch  at  large  in  heat 22 

Dangerous  dogs 22 

DRAYS — (See  “Vehicles.”) 

DRAM  SHOPS— (See  “Liquors.”) 


ELECTIONS, 

Where  held,  time,  notice,  etc 23 

Judges,  clerks,  etc 23 

Vacancies,  how  filled 24 

Oath  of  judges,  clerks,  etc 24 

Ballot  boxes — manner  of  voting 24 

Poll  books 24  7 

Time  of  opening  and  closing  polls 24  8 

Proclamation 25  9 

Ballot  boxes  opened  and  exhibited 25  10 

Poll  list 25  11 


i 


O -L  Oi  N m 4^ 


INDEX 


181 


PAGE. 


Ballots — how  printed 25 

Names  of  candidates 25 

Deposit  of  ballot 25 

Adjournment 26 

Canvass  of  vo;e. 26 

Ballots  not  counted,  when 26 

Ballots  strung,  etc 26 

Returns 26 

Delivered  to  clerk 27 

Compensation  of  judges  and  clerks 27 

Challenges 27 

Who  may  vote 27 

Residence  defined 27 

Affidavit  of  qualification 27 

Witnesses.. 28 

Administering  oaths 28 

Disqualifications... 28 

City  clerk  to  notify  mayor 28 

Tie  vote 29 

Dram  shops  closed 29 


FEES  AND  SALARIES, 

Mayor’s  salary 44 

Aldermen’s  salary 44 

City  attorney’s 44 

City  treasurer’s 44 

City  clerk’s... 44 

City  engineer 44 

Marshal  and  police 44 

Of  fire  department 44 

Of  pound  keeper 14 

FIRE  LIMITS, 

Power  to  prescribe,  and  condemn  buildings  dam- 
aged fifty  per  cent,  by  fire  or  decay.  “ Incorp . 

Act.” 19 

Boundaries  of 30 

Wooden  buildings  within  forbidden 30 

Roofs,  cornice,  window  caps 30 

Planing  mills,  lumber  yards 31 

Removal  and  repair  of  wooden  buildings 31 

Damaged  buildings  removed 31 

Proceedure  for  condemnation  of 31 

Penalties 32 


SEC. 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 
3° 
33 


1 

2 

3 

4 

5 

6 

7 

8 
22 


item  62 

1 

2 

3 

4 
4 
6 

7 

8 


182 


INDEX 


Refusal  to  remove  damaged  buildings — penalty.  . . 

Stove  pipes,  chimneys,  hearths 

Furnaces  

Boiler  houses 

Penalties 

Shavings,  stoves,  lights,  etc.  in  shops 

Lights  in  barns 

Carrying  fire 

Ashes 

Bonfires 

Boiling  pitch,  tar,  etc 

Indoor — out  door  fires 

Burning  out  chimneys 

Scattering  shavings 

Spittoons 

Fire  wardens 

Exits  to  theatres  hereafter  constructed 

Exits  and  ladders  to  theatres  now  built 

Enforcement  of  construction  of  ladders  and  exits. . 

Powder 

Application  of  chapter 

FIRE  DEPARTMENT, 

Consists  of  whom 

Chief  of 

Fire  districts 

Hose  companies 

Officers  of  companies 

Roster  of  men  and  officers  reported  to  council. . . . 

Rules  and  regulations  of  companies 

Duty  of  companies 

Citizens  to  assist  in  drawing  apparatus 

City  engineer  to  detail  men  to  clean  apparatus. . . . 

Review  of  fire  department 

Members  of  to  obey  officers 

Police  to  assist  firemen 

Fire  apparatus — place  for 

Removing  or  interfering  with  apparatus 

Tearing  down  buildings 

Breaking  apparatus 

Driving  vehicle  over  hose 

Cars  running  over  hose 

Precedence  of  companies  at  hydrants 

Throwing  water  on  persons  unnecessarily 

Insignia  of  officers 

Uniform  and  badges  of  men 

Absence  of  chief 

Obstructions  of  streets  at  fire 


PAGE. 

SEC. 

33 

9 

33 

10 

34 

1 1 

34 

12 

34 

*3 

34 

14 

35 

*5 

35 

16 

35 

17 

35 

18 

35 

19 

36 

20 

36 

21 

36 

22 

36 

22 

36 

24 

37 

25 

37 

26 

37 

27 

38 

28 

38 

29 

39 

1 

39 

2 

39 

3 

39 

4 

39 

5 

40 

6 

40 

7 

40 

8 

4i 

9 

41 

10 

4i 

1 1 

4i 

12 

4i 

!3 

42 

14 

42 

*5 

42 

16 

42 

17 

42 

18 

42 

*9 

42 

20 

43 

21 

43 

22 

43 

23 

43 

24 

43 

25 

INDEX. 


183 


PAGE.  SEC. 

FINES  AND  PENALTIES, 

Power  to  compel  persons  to  labor  in  payment  of, 

Act  of  Legislature,  § i,  page  67. 

Labor  by  prisoners  in  payment  of 105 

Gr- 

GALVANIC  BATTERIES, 

To  be  licensed,  when 9 20 

GAMING  AND  GAMBLING  HOUSES, 

Power  to  suppress,  “ Inc orp.  Act," 1 7 ^em  45 

Penalty  for  gaming 64  14 

inmates  of  gambling  house 64  14a 

Gambling  house — penalty 64  15 

Leasing  premises  for  gaming 65  16 

Duty  of  police 65  17 

Gaming  implements  to  be  destroyed 65  18 

GRADES, 

Engineer  to  keep  record  of. 88  15 

Engineer  to  give  grades 89  17 

For  sidewalks 117  2 

Sidewalks  contrary  to,  penalty  for 118  3 

Sidewalks  contrary  to,  a nuisance 118  6 

HEALTH  DEPARTMENT, 

Power  to  establish  board  of  health,  “ Incorp . Act," 
items  76,  77-78,  page  20. 

Board  of  health  organized,  when  “ (General  Ordi- 
nance”)   45  1 

Officers  of  board *. 45  2 

Duties  of  board  ? 45  3 

Powers  of 45  4 

Temporary  hospital 46  5 

Removal  of  persons  to  hospital 46  6 

Term  of  office  of  board 46  7 

Orders  of  board — penalty  for  disobeying v...  46  8 

Duty  of  mayor  in  case  of  smallpox,  etc 46  9 

Duty  of  police 46  10 

Unlawful  for  persons  to  go  abroad,  when 47  it 

Mayor  to  give  notice 47  12 

Mayor  to  employ  nurses 47  13 

Duty  of  physicians 47  14 


184 


INDEX. 


PAGE.  SEC. 


Duty  of  marshal — inspection 47  15 

Disobeying  orders  of — penalty 48  16 

HIDES, 

A nuisance,  when  76  6 

HORSE  RAILWAYS,  (See  “ Street  Railways.") 

HOUSES  OF  ILL-FAME, 

Power  to  suppress  within  three  miles,  “ Incorp . Act”  iy  item  45 

Penalty  for  keeping  or  maintaining,  (“Gen.  Ord.”)  66  20 

Inmates  of. 66  21 

Disorderly  house 66  23 

HYDRANTS, 

Penalty  for  meddling  with 71  56 


I. 

INDECENCY, 

Indecent  exposure 63  9 

Indecent  books,  papers,  etc 64  10-11 

Indecent  writing,  etc 64  12 

Indecent  exhibition  of  animals 64  13 

Indecent  play 7 12 

In  parks 84  10 

INMATES, 

Of  gambling  houses  64  14a 

Of  houses  of  ill-fame 66  21 

INTOXICATION, 

In  public  place 6j  8 

In  private  place  to  annoyance  of  others 63  8 

Driving  in  streets  when  intoxicated 67  29 

Selling  liquor  to  intoxicated  persons 59  16 

Drunkenness  of  police 103  18 

Intoxicated  person  in  park 84  10 


T_ 

JUNK  DEALERS, 

Defined  49  1 

License  required 49  2 

Terms  upon  which  license  granted 49  3 

Expiration  of  license 49  4 

Record  49  5 

Inspection 50  6 


INDEX. 


185 


PAGE.  SEC. 


Purchasing  from  minors  forbidden 50  7 

'Pime  goods  to  be  kept 50  8 

Railroad  brass  and  iron 50  9 

Agents  or  employees 51  10 

Forfeiture  of  license 51  1 1 


LICENSE, 

Mayor  to  receive  application 52 

Applications  how  made 52 

Terms  of — how  signed 52 

Subject  to  ordinances — revocation..  52 

Not  assignable 53 

Register  of 53 

Form  of 53 

Duty  of  marshal 54 

LIBRARY,  164 

LIQUORS, 

License  to  sell  required 55 

Mayor  and  council  to  grant — rate 55 

Bond  to  people  and  city 56 

Application  for 56 

Application  presented  to  council 56 

Persons  disqualified 56 

Clerk  to  issue  license 57 

License  granted  only  to  party  applying 57  7 

Selling  on  Sunday  forbidden 57  8 

Duty  of  police 57  9 

Forfeiture  of  license 58  10 

Dram  shops  open  at  what  hours 58  n 

Disorderly  house 58  12 

Drinking  to  excess — gaming 58  13 

Officers  to  report  convictions  to  mayor 58  14 

License  not  to  be  granted  when 59  15 

Employment  of  minors 59  16 

Selling  liquor  to  intoxicated  persons 59  16 

Minors  forbidden  in  saloons 59  16a 

Selling  to  habitual  drunkards  forbidden 60  17 

License  not  transferable.. 60  18 

License  to  be  posted 60  19 

Permits  to  druggists 60  20 

Applications  for  permits 60  21 

Register  of  sales  by  druggists 60  22 

False  representations  to  obtain  liquor 61  23 


i 


OsLn  45.  Oj  M m OO  C\<-n  4^.  Cj 


186 


I N DEX. 


PAGE.  SEC. 


Application  for  permits  reported  to  council 61  24 

Bond  of  druggists 61  25 

Shifts  or  devices  forbidden 61  26 

Signs  indicating  sale  of 71  53 

Drinking  in  public 71  54 

Amusements  where  liquor  sold 6 7 

Minors  at  ^hows  where  sold 7 11 

Minors  at  billiard  halls  where  sold 18  4 

LOTTERIES, 

Prohibited  66  19 

LUNG  TESTERS,  etc., 

License  for 9 20 


MAYOR, 

Duties  of  under  “ Incorp . act,"  Art.  II,  p.  7. 

To  determine  class  and  license  for  amusements 6 4 

To  serve  notice  on  owners  of  theatres,  to  construct 

exits,  etc 38  27 

Member  of  fire  department 39  1 

To  nominate  officers  of  fire  companies  when 40  5 

To  review  fire  department  41  11 

Member  of  board  of  health 45  2 

Duty  in  case  of  smallpox.*. 46  9 

To  give  notice  to  persons  in  case  of  smallpox,  etc.  47  12 

To  employ  nurses  47  13 

Physicians  to  report  to  47  14 

Application  of  junk  dealers  for  license  49  3 

To  receive  application  for  licenses 52  1 

To  report  application  for  druggists’  permits  to 

council  61  24 

Appointment  of  officers  by • 85  1 

Bond  of 85  3 

Mayor  pro  tan 92  6 

May  grant  license  to  pawn  brokers  95  2 

Discretion  of  in  excusing  peddlers  from  license 98  6 

Member  of  police  department 99  1 

To  appoint  policemen 99  2 

Duties  of  in  police  department 99  4 

MALICIOUS  MISCHIEF, 

Penalty  for 70  43 

Injury  to  street  lamps,  etc 70  44 

Throwing  stones 69  40 


INDEX 


187 


PAGE.  SEC. 

MEAT  INSPECTOR, 20  7 

MILK, 

Adulterated  94  5 

MILKMEN, 

To  be  licensed 94  1 

Amount  of  license 94  2 

Name  on  wagon 94 

Drivers,  employees  of  licensed  wagons 94 

Adulterated  milk 94 

MISDEMEANORS, 

Unlawful  assembly 62  1 

Assaults,  fighting,  affrays 63  2 

Disorderly  conduct 63  3 

Permitting  unlawful  assembly 63  4 

Disturbing  peace  of  family  or  city 63  5 

Disturbing  congregation 63  6 

False  alarm  of  fire — false  cry  for  assistance 63  7 

Drunkenness 63  8 

Indecent  exposure 63  9 

Sale  of  obscene  books,  etc 64  10 

Having  obscene  books  in  possession 64  1 1 

Obscene  writing  or  figure 64  12 

Indecent  exhibition  of  animals 64  13 

Gambling 64  14 

Inmates  of  gambling  house .• 64  14a 

Gaming  houses 64  15 

Leasing  premises  for 65  16 

Duty  of  police  in  reference  to  gaming 65  17 

Police  to  destroy  gaming  implements 65  18 

Lotteries  prohibited 66  19 

Houses  of  ill-fame 66  20 

Inmates  of 66  21 

Concealed  weapons  66  22 

Disorderly  house 66  23 

Disturbing  funeral 67  24 

Places  of  amusement  on  Sunday 67  25 

Amusements  on  Sunday. 67  26 

Place  of  business  open  on  Sunday 67  27 

Cruelty  to  animals 67  28 

Fast  driving — drunked  drivers 67  29 

Leaving  animals  unfastened 67  30 

Scaring  horses .• 67  31 

Vehicles  to  pass  to  the  right 68  32 

Gunpowder — kerosene 68  33 

Poison 68  34 


Oi  4^  OJ 


188 


INDEX 


Burglar  tools 

Orange  peel — bannanas,  etc 

Firing  cannon,  guns  and  fire  crackers 7 

Boys  making  disturbance 

Dangerous  sports 

Throwing  stones,  slings,  etc 

Climbing  on  bridges,  fences  and  trees 

Injuring  pavements,  etc.... 

Injuring  property — malicious  mischief 

Injuring  street  lamps,  telegraph  and  telephone  poles 

Lighting  or  extinguishing  lamps 

Climbing  upon  or  hitching  to  lamp  posts  

Hitching  horses  to  trees,  fences,  etc 

Trespassing  and  carrying  away  fruit,  etc 

Trespassing  upon  private  premises... 

Posting  bills,  etc 

Injuring  gas  and  water  service  boxes 

Ball  playing  upon  streets ; 

Signs  indicating  sale  of  liquor 

Drinking  in  public  a nuisance 

Vehicles  standing  on  street 

Meddling  with  fire  hydrants 

Vagrants , 

Fast  driving  over  bridges 

Idling  about  depots,  etc 

Minors  to  keep  off  cars 

Throwing  stones  at  street  cars 

Minors  climbing  on  street  cars 

Entering  street  car,  refusing  fare 

Disorderly  conduct 

Obstructing  operation  of  street  cars 

Bill  boards,  when  a,  nuisance 

Crowds  obstructing  sidewalk 

Attempt  to  commit  an  offense ;. 

Accessories 

MINORS, 

Loitering  in  hallways  to  theatres,  etc  

At  variety  shows  where  liquors  are  sold  forbidden... 

Playing  or  loitering  in  billiard  halls,  etc 

Purchasing  junk  from,  forbidden..,.  

Employment  of,  in  saloons  forbidden 

Loitering  or  idling  in  saloons  forbidden 

Making  disturbances,  or  strolling  about  in  night  time 
Dangerous  sports — rolling  hoops — flying  kites — 

scaring  animals,  etc 

Throwing  stones — slings,  etc  

Climbing  on  bridges,  fences,  trees,  etc  


PAC. 

SEC. 

6 

35 

6 

36 

68 

37 

69 

38 

69 

39 

69 

40 

69 

4i 

69 

42 

70 

43 

70 

44 

70 

45 

70 

46 

70 

47 

70 

48 

70 

49 

70 

5° 

7i 

51 

7i 

52 

7i 

53 

7i 

44 

7i 

55 

71 

56 

7i 

57 

72 

85 

72 

59 

72 

60 

73 

61 

73 

62 

73 

63 

73 

64 

73 

65 

73 

66 

124 

27 

74 

67 

74 

68 

7 

10 

7 

1 1 

7 

4-5 

5° 

7 

59 

16 

59 

1 6a 

69 

38 

69 

39 

69 

40 

69 

4i 

INDEX. 


189 


PA^3E.  SEC. 

Idling  about  depots,  etc 72  59 

Getting  on  to  cars,  etc 72  60 

Climbing  on  street  cars,  etc 73  62 

Selling  liquor  to  minors 59  16 

Pawnbrokers  purchasing  from 96  4 

nsr. 

NUISANCES, 

Power  to  declare  and  to  abate,  “ Inccorp.  Act ,” 
page  20,  items  75-84. 

Foul  pens  or  stables 75  1 

Accumulation  of  manure 75  2 

Foul  premises  generally 76  3 

Foul  liquids  on  premises,  or  streets 76  4 

Depositing  offensive  matter  in  river 76  5 

Green  and  salted  hides 7 6 6 

Permitting  dead  animals  to  remain  in  city 77  7 

Removing  dead  animals  in  offensive  manner 77  8 

Cellar  doors,  trap-doors — grating,  left  open 77  9 

Removal  of  offensive  matter 77  10 

Carts  or  vehicles  spilling  contents 77  n 

Slaughter  houses,  etc.,  without  permit 77  12 

Operating  slaughter  houses  in  offensive  manner. ...  77  13 

Permits  for  slaughter  houses,  etc 78  14 

Time  for  which  same  shall  run 7 8 15 

Stagnant  water 78  16 

Dilapidated  buildings 79  17 

Ordinance  for  abatement  of 79  18 

Notice  to  owner — building  to  be  destroyed 79  19 

Cost  of  abatement 80  20 

Penalty  for  not  obeying  notice  to  remove 80  21 

Building  in  danger  of  falling 80  22 

Duty  of  mayor 80  23 

Dangerous  scaffolds 81  24 

Duties  of  police  in  reference  to  nuisances 81  25 

Abatement  of  nuisances — notice 81  25 

Where  author  of  nuisance  is  unknown 82  26 

o. 

OBSTRUCTIONS  TO  STREETS,  etc., 

Vehicles  in  street  at  fires 43  25 

Vehicles  not  in  use  in  streets 71  55 

Cars  obstructing 108  2 

Obstructions  generally 125  1 


190 


INDEX. 


PAGE.  SEC. 

Merchandise  or  fuel  in 127  8 

Obstructing  by  teams 127  9 

Stopping  team  on  crossing 129  21 

Crowds  obstructing  sidewalk 124  27 

Building  material  in  street 126  4 

OFFICERS, 

Their  powers  and  duties,  “ Incorp . Act,”  Art.  VI, 
page  23. 

Appointed 85  1 

Oath  of  office 85  2 

Bonds  of 85  3 

Sureties ’ 86  4 

Commission.', 86  5 

To  pay  money  over 86  6 

Salaries,  (See  “Fees  and  Salaries”  86  7 

Records  of  city  open  to  inspeOion 87  8 

Officers  absent 87  9 

Removal  from  < it  y 87  10 

Liability  for  damages 87  11 

Duties  of  city  attorney 87  12 

Duties  of  city  clerk 87  13 

Duties  of  city  engineer 87  14 

City  enginee  rs  records 87  15 

Surveyors,  etc 88  16 

Engineer  to  give  grades  and  superintend  sidewalks.  88  17 

To  superintend  street  labor — reports 88  18 

Boundaries  established  by 88  19 

To  have  custody  of  city’s  tools,  etc 88  20 

To  have  charge  of  streets 89  20 

Enforcement  of  orders  relative  to  railroads  89  21 

(See  “Police  Department”  and  “ Fire  Department.”) 

OFFENSIVE  ESTABLISHMENTS, 

(See  “Nuisances,”)  page  78,  sections  13,  14-15 

OMNIBUS — (See  “Vehicles.”) 

ORDINANCES, 

Repealed  in  force  till  when 91  1 

Conflict  of 91  2 

Court  defined  91  3 

Repeal  of  repealing  ordinance 91  4 

Construction  of  certain  words 91  5 

Mayor  pro  tern — marshal  pro  tem 92  6 

Rules  of  construction 92  7 

Fines  not  released  by  repeal  of  ordinance 92  8 

Two  offenses,  election  of  prosecutor 92  9 


mmw<  tm 

INDEX.  191 


PAQE.  SEC. 

Enrollment  of  ordinances — duty  of  clerk  4 93  10 

Old  ordinances  not  inconsistent  in  force — repeal....  93  n 

IF5. 

PAWN  BROKERS, 

Power  to  tax  and  regulate,  (“  Inc or p.  Act," 17  item  41 

Defined — license 95  1 

Mayor  may  grant  license — rate — bond 95  2 

Book,  and  inspection  thereof 95  3 

Purchasing  property  of  minors  or  thieves — stolen 

property 96  4 

Time  of  receiving  property  96  5 

Other  business  forbidden 96  6 

Inspection  of  premises  and  property 96  7 

Violation  of  ordinance  by  clerk 96  8 

PARKS, 

Committee  on  public  grounds,  etc.,  to  have  charge  of  83  1 

Leaving  except  at  gateway — cl'mbing  on  fence,  etc.  83  2 

Turning  animals  into 83  3 

Firearms  or  fire  works  in,  forbidden 83  4 

Injuring  trees,  grass,  buildings,  etc 83  5 

Selling,  hawking,  peddling,  etc.,  forbidden 84  6 

Bathing,  fishing,  etc.,  in  waters  of 84  7 

Abusive,  profane,  or  obscene  language  in 84  8 

Gaming,  etc.,  prohibited 84  9 

Intoxicated  persons — indecent  or  unlawful  acts 84  10 

Fires  in  parks 84  n 

Driving  carriages,  etc.,  on  turf — hitching  horses  to 

trees 84  12 

Throwing  stones,  rubbish,  garbage,  etc 84  13 

Posting  bills,  forbidden 84  14 

PEDDLERS, 

Power  to  license  and  regulate,  (“  Incorp.  Act") 17  item  41 

Defined 97  1 

Peddling  without  license  97  2 

License  fees 97  3 

Farmers  may  sell  produce  without  license 98  4 

Not  to  enter  house  without  permission 98  5 

Discretion  of  mayor  in  cases  of  charity 98  6 

PLATS — (See  ‘‘Additions.”) 

POISON, 

Penalty  for  selling  without  labeling  or  registering 

sale  68  34 


192 


INDEX. 


POLICE  DEPARTMENT, 

Consists  of  whom . 

Appointment  of  policemen 

Bond  and  oath  of  police 

Duties  of  mayor 

Duties  of  city  marshal 

Marshal  custodian  of  property 

Reports  of  city  marshal 

Absence  of  marshal 

Day  and  night  force — beats,  etc 

Captain  of  night  police — turnkey 

Police  record 

Special  police 

Temporary  police 

Duties  of  policemen... 

Power  to  arrest — serve  warrants,  etc 

Search  warrants 

Neglect  of  duty 

Causes  for  removal 

Trial  of  persons  arrested — continuance — bail 

Arrests  at  night,  or  on  Sunday 

Persons  drunk  when  arrested 

Statement  to  be  filed 

Arrests  without  warrant 

Bail 

Officers  as  witnesses 

Witness  and  jury  fees  

Malicious  suits — costs  against  prosecutor 

Committment — labor  by  prisoners,  etc 

Refusal  to  labor 

Discharge  of  prisoner 

Report  of  labor  performed 

Payment  of  fines  into  treasury — magistrate’s  report 

Falsely  representing  to  be  an  officer 

Resisting  an  officer 

Rescuing  prisoners,  etc 

Re-arrest  of  escaped  prisoners 

Posse  comitatus 

Uniforms  

POWDER, 

Storage  of 

Weighing  and  sale  of  at  night 


PAGE. 

SEC. 

99 

I 

99 

2 

99 

3 

99 

4 

IOO 

5 

IOO 

6 

IOO 

7 

IOO 

8 

IOO 

9 

IOO 

10 

IOI 

1 1 

IOI 

12 

IOI 

x3 

IOI 

14 

102 

15 

102 

16 

102 

17 

IO3 

18 

IO3 

T9 

I04 

20 

104 

21 

I04 

22 

104 

23 

104 

• 24 

io5 

25 

io5 

26 

io5 

27 

io5 

28 

106 

29 

106 

3° 

106 

3i 

106 

32 

106 

33 

107 

34 

107 

35 

107 

36 

107 

37 

107 

38 

38 

28 

68 

34 

POUNDS— (See  “Animals.”) 


INDEX 


193 


:r_ 

PAGE.  SEC. 

RAILROADS, 

C. ,  D.  & V.  Railroad 138 

D. ,  U.  B.  & P.  Railroad 139 

D.  & G.  C.  Railroad 142 

C.  & E.  I.  and  D.  & G.  C.  Railroad 146 

Citizens’  Street  Railway 17° 

Speed  of  cars 108  1 

Cars  obstructing  streets 108  2 

Locomotives  whistling  within  limits  108 

Crossings  and  bridges 108 

Neglect  to  construct  or  repair  after  notice 108  5 

City  may  build  and  recover  cost 109  6 

Flagmen,  bars,  gates,  etc 109  7 

Lights  on  cars  at  nights 109  8 

Penalties no  9 

Cars  running  over  hose 42  19 

Buying  railroad  brass  or  iron,  penalty  for 50  9 

Idling  about  depots  or  railroad  grounds 72  62 

Minors  and  persons  to  keep  off  cars 72  59 

Throwing  stones  at  street  cars,  etc 73  60 

Climbing  on  street  cars 73  61 

Entering  street  cars  and  refusing  fare 73  63 

Disorderly  conduct  on  street  cars 73  64 

Obstructing  operation  of  street  cars 73  65 

RULES  OF  CITY  COUNCIL — (See  “City  Council”) 

s. 

SALOONS — (See  “Liquors.”) 

SHOOTING  GALLERIES— (See  “Amusements.”) 

SHOWS,  etc. — (See  “ Amusements.”) 

SEAL, 

Shape — words  on  city  seal 116  1 

City  clerk  to  prepare  commissions,  etc.,  and  affix 

seal 1 16  2 

SIDEWALKS, 

Built  by  special  taxation,  11  Act  of  Legislature,”  page  63 

Built  by  special  assessment,  llIncorp.  Act,”  p.  40, 
section  18,  et  seq. 

Width  of 117  1 


194 


INDEX 


PAGE.  SEC. 


Grades  for 117  2 

Penalty  for  laying  contrary  to  grade 118  3 

To  be  uniform  in  width  and  grade 118  4 

Out  of  line,  penalty  for  building 118  5 

Out  of  line,  a nuisance 118  6 

Old  and  unsafe,  a nuisance 118  7 

•To  be  of  brick  or  stone 119  8 

City  engineer  superintendent  of 119  9 

Private  drains  across 119  10 

Cellar-ways,  etc.,  in,  forbidden 119  11 

Cellars  or  arears  under 120  12 

Using  sidewalk  for  area,  without  permit 120  13 

Entrance  to  areas,  openings,  etc 120  14 

Coal  holes 121  15 

Hitching  posts,  rings,  etc 121  16 

Awnings ; 121  J7 

Merchandise  and  signs  on 122  18 

Signs  to  be  securely  supported 122  19 

Creaking  signs  a nuisance 122  20 

Goods  on  sidewalks 122  21 

Driving  animals,  wagons,  etc.,  on 123  22 

Water  permitted  to  run  over 123  23 

Hitching  teams  so  as  to  obstruct 123  24 

Gates  opening  over 123  25 

Obstructions  to 123  26 

Crowds  obstructing 124  27 

Removal  of  obstructions 124  28 

SIGNS, 

Indicating  sale  of  liquor  when  prohibited 71  53 

On  sidewalks 122  18 

To  be  securely  supported 122  19 

Creaking  signs,  a nuisance 122  20 

SLAUGHTER  HOUSES, 

Penalty  for  locating  within,  or  within  one  mile  with- 
out permit 77  12 

Operating  in  offensive  manner  77  13 

Permits  for,  and  bonds 78  14 

Conviction  of  violating  ordinance  forfeits  permits..  78  15 


SMALL  POX, — (See  “Health  Department.”) 


STREETS  AND  ALLEYS, 

Of  additions,  must  correspond  with  established 3 1 

Auctioneers  selling  in 17  6 

Cars  obstructing < 108  2 

Processions  in,  without  permit 8 15 


SEC. 


PAGE. 

Vehicles  obstructing  at  fire 43  25 

Vehicles  not  in  use,  standing  in 71  55 

Ball  playing  in 71  52 

Fast  driving  in 67  29 

Foul  liquids  or  matter  in 76  4 

Vehicles  to  pass  to  right 68  32 

Obstructions  generally , 125  1 

Owner  to  remove  upon  notice 125  2 

Engineer  to  remove  obstructions — cost 126  3 

Building  material  in  street... 126  4 

Red  lights  at  piles  of  building  material 126  5 

Railing  and  lights  at  excavations 126  6 

Cellar  doors  open 127  7 

Merchandise  or  fuel  in 127  8 

Obstructing  by  teams,  etc 127  9 

Persons  placing  obstructions  liable  for  damages 127  10 

Buildings,  etc.,  in,  not  to  be  repaired 127  11 

Removal  of  buildings  through 127  12 

Digging  in  streets 128  13 

Excavations  adjoining  to  be  guarded 128  14 

Excavations  in,  tearing  up  sidewalks 128  15 

Removing  grade  or  corner  stakes 129  16 

Removing  or  selling  earth  from  street 129  17 

Ashes,  rubbish,  etc 129  18 

Fire  upon  crossings 129  19 

Throwing  paper,  litter,  etc.,  in 129  20 

Stopping  team  on  crossing 129  21 

Feeding  or  huckstering  on  public  square 130  22 

Numbers  on  buildings 130  23 

Decimal  system  adopted 130  24 

Manner  of  numbering 130  25 

Maps — engineer  to  designate  numbers 130  26 

Size  of  numbers,  where  placed 130  27 

Penalty  for  not  numbering 130  28 

Numbering  new  buildings 131  29 

Engineer  to  adjust  numbers 13 1 3° 

STREET  CARS — (See  “Railroads.”) 

SUPPLIES, 

To  be  purchased  on  contracts.., 115  1 

Requisition  for 115  2. 

Who  shall  purchase 115  3 

Order  and  bill  filed  for  with  clerk 115  3 

Claims  for  goods  not  ordered 115  4 

Bill  what  to  contain 115  5 

Board  of  prisoners 115  6 


196 


INDEX. 


PAGE.  SEC. 

SUNDAY, 

Selling  liquors  on  forbidden 57  8 

Places  of  amusement  open  on 67  25 

Amusements  on 67  26 

Places  of  business  open  on 67  27 

T_ 

THEATRE — (See  “Amusements.”) 

X7"_ 

VAGRANTS, 

Power  of  council  over,  (“  Incorp.  Act”')  p 20 , item  74 

VEHICLES, 

Lecense  required  for 132  1 

Rate  of  license 132  2 

Number  of,  on  vehicle 132 

Persons  entitled  to 133 

Bonds 133 

Rates  for  carrying  passengers  or  property  133 

Charging  excessive  rates — penalty 133 

Boisterous  conduct  of  drivers — obstructing  streets..  133 

Stands  for  vehicles 134 

Police  to  remove  vehicles,  when 134  1 

False  representation — extortion 134  n 

Licensed  persons  to  keep  copy  of  Sec.  6 134  12 

■w. 

WARDS, 

Division  of  city  into 135  1 

WATER  WORKS 148  156 


O O OO^i  QsCn  4^  C/J 


' 

V- 


